REPORT 


UC-NRLF 


EMPLOYERS'  LIABILITY  AND  WORKMEN'S 
COMPENSATION  COMMISSION 


d 


STATE  OP  MICHIGAN 


1911 

WYNKOOP   HALLENBECK    CRAWFORD    CO.,    STATE    PRINTERS 
LANSING,   MICHIGAN 


EXCHANGE 


DOCUMENTS 
DEPT. 


REPORT 


EMPLOYERS'  LIABILITY  AND   WORKMEN'S 
COMPENSATION  COMMISSION 


STATE  OF  MICHIGAN 


1911 

WYNKOOP    HALLENBECK    CRAWFORD    CO.,    STATE    PRINTERS 
LANSING,   MICHIGAN 


DOCUMENTS 
DEPT. 


COMMISSIONEKS. 

HAL  H.  SMITH,  Chairman Detroit 

CHARLES  R.  SLIGH,  Vice  Chairman Grand  Rapids 

MICHAEL  P.  McCUEN Grand  Rapids 

WILLIAM  P.  BELDEN Ishpeming 

ORA  E..  REAVES Jackson 

RICHARD  L.  DRAKE,  Secretary Detroit. 


REPOKT  OF  EMPLOYERS'  LIABILITY  AND  WORKMEN'S  COM- 
PENSATION COMMISSION  OF  THE  STATE  OF  MICHIGAN. 

To  His  Excellency  the  Governor,  and  the  Legislature  of  the  State  of 
Michigan: 

Your  commission  appointed  by  Act  245  of  the  Public  Acts  of  1911 
to  investigate  and  report  a  plan  for  legislative  action  to  provide  com- 
pensation for  accidental  injuries  or  death  arising  out  of  and  in  the 
course  of  employment,  respectfully  submits  its  report  as  follows: 


PART    I. 

INTRODUCTION. 

The  Michigan  Commission  to  investigate  and  report  as  to  employers' 
liability  and  workmen's  compensation  was  created  by  Act  245  of  the 
Public  Acts  of  1911.  It  has  assumed  that  its  creation  resulted  from  a 
wide  dissatisfaction  with  the  present  system  of  employers'  liability  for 
negligence  as  to  employes.  It  has  directed  its  investigation,  as  this 
report  will  indicate,  to  an  inquiry  into  the  facts  in  connection  with  the 
number  of  industrial  accidents,  the  extent  of  the  damage  suffered  by 
reason  thereof,  the  responsibility  therefor,  and  the  financial  compensa- 
tion which  the  injured  receives.  The  result  of  this  inquiry,  as  presented 
in  this  report,  cannot  be  understood  without  a  brief  and  general  state- 
ment of  the  present  system  of  employers'  liability  as  defined  by  the 
statutes  and  the  decisions  of  our  courts. 

THE    PRESENT   SYSTEM    OF    EMPLOYERS*   LIABILITY. 

This  system  known  as  employers'  liability  at  common  law,  is  based 
upon  a  showing  of  the  employers'  negligence.  The  law  has  imposed 
upon  the  employer,  or  master,  certain  duties,  and  holds  him  liable  to 
the  employe  for  any  accident  which  may  occur  by  reason  of  the  master's 
failure  to  perform  any  of  these  duties.  Failure  to  perform  these  duties  is 
deemed  negligence.  It  may  in  general  be  said  that  the  employer  is  re- 
quired to  furnish  an  ordinarily  safe  place  in  which  the  employe  may 


6  EMPLOYERS'    LIABILITY    AND 

work ;  to  provide  ordinarily  safe  machinery ;  to  inform  his  workmen  of  the 
dangers  of  their  work;  to  select  competent  servants;  not  to  engage  his 
servants  or  workmen  in  a  different  kind  of  work  than  that  which  they 
are  employed  to  perform;  and  to  provide  reasonable  inspection  of  his 
machinery  and  the  place  of  work  of  his  servant.  If  the  employer 
violates  any  of  these  duties,  and  from  such  violation  injury 
results  to  the  workman  the  workman  can  recover  in  an  action  of  law 
in  the  courts,  and  secure  damages  for  such  negligence,  if  he  has  estab- 
lished that  he,  on  his  part,  has  not  violated  his  duties.  The  workman's 
duties  are,  briefly,  that  he  should  obey  the  orders  of  the  employer,  per- 
form his  work  without  negligence,  inform  the  employer  of  defects  he 
may  discover  in  his  work,  machinery,  place  of  work,  and  as  to  the 
incompetency  of  his  fellow  workmen. 

In  the  application  of  these  rules  which  govern  the  employer's  duties, 
and  define  the  duty  of  the  workman,  there  have  arisen  three  main  de- 
fences which  have  been  known  as,  first,  the  defence  of  assumed  risk; 
second,  the  fellow-servant  doctrine,  and  third,  contributory  negligence. 
These  three  defences  have  been  the  subject  of  much  criticism,  and  the 
discussion  that  has  arisen  concerning  them  plays  an  important  part  in 
the  agitation  for  a  change  in  the  system  of  employers  liability. 

DOCTRINE   OF   ASSUMED   RISK. 

Under  the  doctrine  of  assumed  risk,  an  employe  is  held  to  assume 
and  consent  to  the  ordinary  and  obvious  risk  incident  to  his  employ- 
ment, and  if  he  is  injured  thereby,  as  a  result  of  these  risks,  he  cannot 
recover. 

It  has  been  argued  in  this  respect  that  the  employe  practically  can- 
not refuse  to  work  at  a  hazardous  task,  and  is  thus  compelled  to  assume 
the  risk.  The  Michigan  courts  have  not  applied  this  rule  with  as  much 
rigor  as  have  some  other  courts.  They  have  held  that  an  employe  as- 
sumes no  risk  which  he  is  incapable  of  appreciating,  and  that  where 
there  is  a  doubt  as  to  the  safety  of  the  machinery,  the  employe  can 
rely  upon  the  assurance  of  the  master.  But,  nevertheless,  earnest  criti- 
cism has  been  made  of  the  doctrine  as  inapplicable  to  present  conditions 
when  workmen  are  not  entirely  free  to  select  their  employment. 

THE    FELLOW-SERVANT    DOCTRINE. 

The  rule  known  as  the  fellow-servant  doctrine  bars  a  recovery  in  an 
action  of  negligence  when  the  employe  has  been  injured  through  the 
negligence  of  a  fellow  servant.  This  doctrine  is  of  a  comparatively 
modern  development,  and  was  first  announced  in  1837.  It  is  closely 
related  to  the  theory  that  the  servant  assumes  the  risks  of  his  em- 
ployment. It  has  been  accepted  by  all  courts,  sometimes  on  the  theory 
that  servants  should  co-operate  for  their  own  safety,  sometimes  on  the 
theory  that  they  jointly  undertake  that  they  are  responsible  to  the 
master  for  each  other's  acts,  and  again  on  the  theory  that  there  is  an 
implied  contract  to  assume  the  risks  attendant  upon  the  employment  of 
the  other  servants. 


WORKMEN'S    COMPENSATION    COMMISSION.  7 

This  fellow-servant  rule  has  been  criticized  severely  as  an  unjustifiable 
exception  to  the  rule  that  the  master  or  employer  is  responsible  for  the 
acts  of  each  of  his  servants  in  the  course  of  their  employment.  The 
chief  difficulty  as  to  this  doctrine  seems  to  be  in  its  application  rather 
than  in  the  doctrine  itself.  The  courts  have  radically  disagreed  as  to 
what  is  a  common  employment,  and  as  trades  and  employments  have 
multiplied,  an  increasing  difficulty  has  been  found  in  the  task  of  prop- 
erly classifying  the  workmen. 

It  has,  however,  been  insisted  that  this  rule  should  be  restricted  to 
cases  where  an  accident  results  from  the  act  of  the  fellow  servant  who, 
at  the  time  of  the  injury,  was  directly  co-operating  with  the  injured 
workman,  in  the  particular  work  or  business  in  hand,  or  where  their 
duties  brought  them  into  habitual  association  so  that  they  may  exercise 
an  influence  upon  each  other  promotive  of  proper  caution. 

The  Michigan  courts ^  have  held  that  the  character  of  the  work  de- 
termines the  character  "of  the  servant,  and  that  whenever  the  duty  of 
inspection  is  placed  upon  a  servant,  he  is  a  representative  of  the  master, 
and  so  not  a  fellow-servant  in  that  particular  work.  In  short,  whenever 
the  servant  exerts  the  power  of  the  master  in  the  particular  work  in 
which  he  is  engaged,  he  ceases  to  be  a  fellow  servant,  and  therefore,  the 
servant,  his  fellow,  who  may  be  injured,  is  not  denied  recovery  because 
of  the  first  servant's  negligence.  Even  with  this  modification,  the  rule 
has  aroused  much .  opposition. 

CONTRIBUTORY  NEGLIGENCE. 

As  has  already  been  stated,  the  workman  must  show  before  he  can 
recover,  that  he,"  on  his  part,  was  not  negligent.  The  Supreme  Court 
of  Michigan  once  said  that  this  rule  fails  to  produce  justice.  Some  other 
states  have  enforced  the  same  rule,  but  in  the  courts  of  the  United 
States,  it  is  otherwise,  and  the  defendant  must  show  that  the  plaintiff 
has  been  guilty  of  negligence.  Our  own  court  has  modified  the  rule 
when  the  manner  and  circumstances  of  the  accident  themselves  raise 
a  presumption  that  it  could  only  have  occurred  through  the  defendant's 
negligence  (res  ipsa  loquitur.) 

The  doctrine  of  contributory  negligence  is  severely  criticized,  and  it 
has  been  urged  that  the  admiralty  rule  of  a  division  of  damages  where 
there  is  negligence  proven  as  to  both  parties  should  be  substituted. 
Still  others  insist  earnestly  that  the  question  of  contributory  negligence 
should  always  be  left  as  a  question  of  fact  for  the  jury  to  determine. 
The  practicability  of  such  a  solution  is,  on  the  other  hand,  questioned, 
since  if  the  negligence  of  the  plaintiff  was  in  each  instance  to  be  left 
to  the  jury,  a  verdict  for  the  defendant  would  undoubtedly  be  extreme- 
ly rare.  The  Michigan  rule  permits  recovery  even  where  contributory 
negligence  is  shown,  if  the  employer's  negligence  is  wanton  or  wilful. 
The  comparative  negligence  rule  which  permits  the  plaintiff  to  recover 
even  when  guilty  of  some  negligence  is  the  rule  in  the  State  of  Illinois 
and  has  many  supporters. 


EMPLOYERS'    LIABILITY    AND 


RULE  OF  DAMAGES. 

Reference  should  here  be  made  to  the  rule  of  damages  applicable  in 
negligence  cases.  In  general,  the  amount  of  damages  in  a  given  case 
is  fixed  by  the  jury  at  an  amount  which  in  its  opinion  will  fairly  com- 
pensate the  injured  for  the  injuries  sustained.  The  law  of  Michigan, 
however,  is  unique  in  one  respect.  The  right  of  action  for  damages  in 
case  of  death  is  given  by  two  statutes,  and  does  not  exist  otherwise. 
One  of  these  statutes  is  called  the  Death  Act,  and  was  placed  upon  the 
statute  books  of  the  State  in  1848.  This  statute  applies  where  death 
is  instantaneous.  The  right  of  action  vests  immediately  in  those  who 
have  suffered  pecuniary  loss  by  reason  of  the  death,  and  permits  the 
jury  to  give  such  damages  as  they  "deem  fair  and  just  with  reference 
to  the  pecuniary  injury  resulting  from  such  death  to  those  persons  who 
may  be  entitled  to  such  damages  when  recovered." 

The  second  statute  is  called  the  Survival  Act.  It  became  a  part  of 
the  law  in  1838,  but  did  not  cover  negligent  injuries  until  1885.  It 
applies  where  death  is  not  instantaneous.  It  given  a  right  of  action 
to  representatives  of  the  decedent,  irrespective  of  whether  he  left  depend- 
ents or  not.  If  any  interval  intervenes  between  the  accident  and  the 
death  of  the  injured,  the  right  of  action  vests  then  in  the  injured  and 
upon  his  death  descends  to  his  representatives  for  the  benefit  of  his 
estate,  and  a  recovery  may  be  had  without  reference  to  the  dependence 
of  his  family  or  heirs  for  an  amount  which  may  equal  what  the  deceased 
would  probably  have  earned  during  the  remainder  of  his  lifetime,  with- 
out any  deduction  for  what  it  would  have  cost  him  to  live,  or  what 
he  might  have  spent  in  the  course  of  his  lifetime. 


THE    INVESTIGATION. 

Having  in  mind  the  legal  rules  by  which  the  present  system  of  em- 
ployers' liability  is  governed,  the  Commission  undertook  an  investiga- 
tion to  determine  whether  or  not  there  occurred  in  the  course  of  in- 
dustrial operations  in  the  State  of  Michigan  accidents  to  a  number  that 
would  demand  legislation ;  whether  or  not  the  compensation  received  by 
the  injured  was  adequate;  what  effect  the  adjustment  of  this  compensa- 
tion under  the  present  system  had  upon  the  employer  and  the  public 
and,  in  general,  what  causes  brought  about  the  accidents. 


I.    NUMBER  OF  ACCIDENTS. 

The  first  inquiry  to  which  the  Commission  directed  its  efforts  was 
as  to  whether  or  not  there  occurred  during;  the  course  of  industry  in  the 
State  of  Michigan  industrial  accidents  to  a  number  that  would  justify  or 
demand  any  legislation  of  the  character  proposed. 

That  the  number  of  accidents  occurring  annually  in  Michigan  to 
workmen  engaged  in  employments  in  the  industries  of  the  State  is  suffi- 
ciently large  to  demand  remedial  legislation  is  shown  by  the  fact  that 


WORKMEN'S    COMPENSATION    COMMISSION.  9 

during  the  year  1909  employers  reported  a  total  of  1,026  accidents  to 
the  Labor  Department  of  the  State.  During  the  year  1910,  employers 
reported  a  total  of  1,728  accidents. 

These  reports  do  not  include  the  accidents  to  railroad  employees. 
In  1910  the  number  of  these  employees  who  had  suffered  fatal  and  non- 
fatal  injuries  were  reported  to  the  Railroad  Commission  as  990. 

The  Commission,  however,  conducted  an  independent  investigation  of 
this  question  and  secured  reports  from  466  employers  exclusive  of  the 
mines  and  the  railroads  as  to  accidents  covering  the  period  from  Janu- 
ary, 1910,  to  January,  1911.  These  employers  employed  99,134  work- 
men and  reported  a  total  of  7,116  accidents.  Table  I  will  give  in  detail 
the  results  of  this  investigation., 

Tliis  table  displays  the  fact  that  7,116  injured  (fatal  and  non-fatal) 
workmen  received  an  average  compensation  of  $10.91.  Adding  to  the 
compensation  paid,  the  cost  of  medical,  hospital  and  legal  services  inci- 
dent to  accidents,  we  find  a  total  cost  per  injured  man  of  $15.30. 

To  the  number  of  fatal  injuries  reported  in  the  State  at  large  in  this 
table  should  be  added  73  fatal  injuries  which  occurred  in  the  mines  and 
91  fatal  injuries  which  occurred  in  the  railroads  during  the  same  period 
of  time,  making  a  total  of  199  fatal  injuries  so  reported  for  the  State 
at  large  during  the  calendar  year  of  1911. 

It  is  estimated  that  there  are  employed  in  the  industries  of  the  State, 
exclusive  of  farms,  250,000  workmen.  It  can  therefore,  be  fairly  said, 
adopting  the  proportions  shown  in  the  foregoing  table  and  considering 
the  risk  of  the  industries  not  reporting  that  in  the  various  Michigan 
industries  exclusive  of  farms,  in  a  single  year  approximately  220  work- 
men received  fatal  injuries,  and  approximately  13,000  received  injuries 
less  than  fatal. 

The  Commission  determined,  therefore,  that  the  industrial  accidents 
of  Michigan  were  sufficient  in  number  to  justify  remedial  legislation. 


10 


EMPLOYERS'    LIABILITY    AND 


TABLE  I.— EMPLOYERS'    GENERAL   REPORTS   FROM    INDUSTRIES 


1 

a 

Non-fatal 

( 

Compensation. 

'I 

3 

<i 

£ 

Wages  paid 
during  dis- 
ability. 

Settlements. 

Other  aid. 

Agricultural  implements  

6 

0 

26 

$471  95 

Automobile  manufacturers  
Automobile  allied  industries  .... 
Brass  goods  manufacturers  

10 
19 
9 

3 
1 
1 

2,594 
392 
45 

1,700  64 
611  00 

$2,746  03 
4,975  00 
1  800  00 

$1,600  00 

166  66 

Breweries 

7 

o 

57 

100  00 

Building  materials          

11 

o 

6 

4  00 

200  00 

Cereal  manufacturers 

4 

o 

6*3 

940  00 

Chemists         

4 

o 

495 

3  065  74 

7  326  00 

Cigar  manufacturers  

6 

o 

2 

Contractors  and  builders  
Foundries  

6 
17 

0 
*2 

32 

127 

150  00 
45  56 

50  00 

3QO  00 

Furniture  manufacturers  
Furniture  metal  

47 
2 

1 

o 

170 
1 

1,618  35 

816  39 

570  75 

Furniture,  refrigerators  

3 

o 

5 

48  00 

Furniture,  store  fixtures  

3 

o 

17 

246  50 

Furniture,  upholstered  

4 

o 

1 

2  55 

Furniture,  office  

15 

1 

89 

106  15 

200  00 

Glass  manufacturers  

4 

1 

19 

Heating  apparatus  

5 

o 

3 

26  50 

Interior  finish                          .  . 

9 

o 

18 

26  00 

20  00 

Laundries           .            

7 

o 

6 

20  00 

175  00 

Leather 

11 

o 

29 

115  00 

8  761  6Q 

50  00 

Lumber  .                 

24 

3 

143 

256  60 

4  655  00 

1   197  96 

Machinery 

22 

1 

150 

854  00 

5  090  00 

225  54 

Metal  goods    

19 

o 

303 

770  93 

Millers  

10 

o 

5 

50  00 

Miscellaneous  manufacturers..  .  . 
Municipalities  

32 
3 

0 

o 

187 
18 

961   85 
197  04 

1,125  00 

390  00 

Paint  manufacturers.   . 

2 

o 

75 

340  00 

829  74 

923  35 

Paper  manufacturers  

23 

4 

163 

334  50 

4  228  00 

130  85 

Printing,  etc  

12 

o 

5 

112  00 

Public  utilities.  

13 

3 

315 

5  293  20 

1  037  08 

850  40 

Railway  supplies 

2 

9 

650 

4  293  80 

Shoe  manufacturers      

6 

o 

16 

70  00 

1  '  300  00 

Steel  goods 

4 

o 

17 

16  00 

Stove  manufacturers 

1 

1 

25 

103  35 

Structural  steel  

2 

o 

359 

202  47 

15  50 

Sugar  manufacturers  
Unclassified  

2 
10 

1 

1 

15 
12 

15  30 
200  00 

379  10 
185  00 

105  00 
30  00 

Vehicle  manufacturers  

11 

o 

115 

398  13 

Wearing  apparel 

18 

o 

30 

52  20 

100  00 

Wire  goods 

10 

o 

45 

241   00 

150  00 

Woodworkers  

20 

2 

236 

824  80 

Total  

466 

35 

7  081 

$20  159  49 

$43  225  23 

$14  228  70 

WORKMEN'S    COMPENSATION    COMMISSION. 
THROUGHOUT   MICHIGAN,    EXCEPTING    MINES  AND  RAILROADS. 


11 


Expenses  of  employer  incident  to  accidents. 

Total  paid 
out  as  results 
of  accidents. 

Paid  for 
insurance. 

Average 
No.  of 
employes. 

First  aid. 

Medical. 

Hospital. 

Legal. 

$27  00 
145  64 
211   18 
95  00 
114  00 

$103  25 
2,976  33 
585  74 
47  00 
25  00 

28  00 
359  75 

"io'66" 

96  00 
1,380  27 

"96"  50' 

$112  00 
1,157  10 
1,743  96 
103  60 

'  -i4'66' 

2,597  66 

"$332'66' 
100  00 

$714  20 
10,657  74 
8,226  88 
2,145  60 
252  00 

532  00 
1,414  75 
12,989  40 
10  00 
200  00 

994  31 
4,592  81 

$858  03 
25,220  69 
10,886  04 
845  31 
826  58 

299  36 
154  50 

701 
21,025 
8,824 
1,200 
397 

208 
925 
3,567 
930 

898 

1,587 
8,980 
265 
525 
596 

241 
2,265 
680 
230 
419 

573 

743 
2,991 
3,832 
2,709 

220 
4,426 
490 
590 
3,427 

680 
6,116 
3,802 
1,666 
360 

1,088 
1,446 
1,063 
317 

2,491 

4,588. 
549 
504 

13  00 
300  00 

101  00 

78  50 
4,515  69 

3,844  56 
5,499  45 
468  77 
541   68 
621   00 

325  74 
1,027  91 
1,367  92 
210  69 
554  98 

300  10 
768  99 
5,514  45 
4,340  80 
5,255  05 

445  00 
4,860  57 

122  00 
6  00 

'  io'66' 

340  75 
191   05 

"'37  '60' 

175  50 
246  50 

2  55 
1,150  33 
5  00 
37   50 
114  50 

200  00 
9,780  07 
7,176  43 
7,357  54 
1,422  36 

7  00 
4,673  17 
197  04 
2,093  09 
6,325  68 

283  50 
9,955  51 
6,396  97 
1,511   00 
22  00 

191   90 
1,384  76 
1,038  34 
531   04 

685  63 
337  35 
1,041   80 
1,705  30 

79  00 

"  'is'66' 

765  18 
5  00 
11   00 
63  50 

5  00 

'  '603'35' 
790  75 
448  68 

i,  773  50 

2  00 
147  00 
50  00 
86  75 

'  'se'oo' 

851  45 
125  00 

191   52 
347  25 
116  00 

20  00 

366  82 

"'77'66' 

"998'25" 

32  00 

667  82 

"293'08' 

139  50 
1,515  67 
1,096  50 

"264"  66' 

3,389  45 
4,890  76 

547  08 
9,768  59 
10,805  27 
394  16 
422  00 

983  42 
3,957  10 
88  00 
100  00 

1,902  99 
1,833  34 

745  77 
651  00 

261   64 
1,006  67 
2  00 

329  70 

139  00 
6  00 

66  00 
305  00 
154  00 
56  50 

280  00 
109  15 
438  00 
707  00 

22  65 
64  40 

'    59  54' 

38i'94' 

797  39 
3  00 

7  50 
76  00 
107  80 
93  50 

105  00 
80  00 

$4,830  71 

$14,126  52 

$9,574  41 

$2,707  09 

$108,852  15 

I 
$120,111   29 

99,134 

12  EMPLOYERS'    LIABILITY    AND 


AGRICULTURAL  ACCIDENTS. 

In  this  connection  investigations  were  made  of  accidents  occurring  in 
the  agricultural  industry.  It  was  urged  on  the  Commission  that  any 
change  in  the  present  system  should  contemplate  a  scheme  which  would 
embrace  accidents  upon  the  farm. 

That  the  laborer  upon  the  farm  is  subject  to  a  considerable  risk  is 
undoubted.  That  his  risk  has  been  greatly  increased  by  mechanical  ap- 
pliances is  also  true.  But,  nevertheless*,  it  appeared  to  the  Commission 
that  the  agricultural  accidents  should  not  be  classed  as  an  industrial 
accident;  that  it  had  not  been  affected  by  what  may  be  generally  and 
properly  referred  to  as  modern  industrial  conditions,  and  that  it  was 
not  yet  organized  on  a  basis  which  would  make  it  practicable  to  include 
it  within  any  general  compensation  law.  The  tables  inserted  in  the 
appendix,  pp.  94-96,  compiled  from  an  investigation  of  accidents  upon 
the  farms  of  Oakland,  Ionia  and  VanBuren  counties  demonstrate  the 
present  impossibility  of  securing  accurate  data  upon  which  to  base  any 
definite  conclusions  insofar  as  agriculture  was  concerned. 

The  investigators  reported  that  a  considerable  number  of  the  agricul- 
tural workmen  were  transient  laborers  without  families,  and  that  it 
was  extremely  difficult  to  determine  whether  or  not  the  injuries  had 
occurred  in  the  course  of  the  employment. 


II.     RESPONSIBILITY  FOR  ACCIDENTS. 

No  independent  investigation  was  made  by  the  Commission  as  to  the 
responsibility  for  accidents,  other  than  was  developed  in  the  course  of 
the  investigation  as  to  the  number  of  accidents  and  the  general  facts 
relating  thereto.  The  Commission  was  interested  to  learn  what  per- 
centage of  accidents  was  due  to  the  hazards  of  modern  industry,  and 
likewise  as  to  how  accidents  could  be  distributed  as  between  the  work- 
man and  the  emplo}Ter,  so  far  as  the  responsibility  of  either  was  con- 
cerned. But,  it  knew  of  no  reason  why  the  same  general  percentage 
should  not  obtain  in  Michigan  as  had  been  found  by  other  commissions 
to  exist  in  other  states,  and  it,  therefore,  adopted  the  results  of  the  in- 
quiries of  other  like  commissions  in  the  place  of  an  independent  in- 
vestigation. The  New  York  commission,  investigating  280  fatal  acci- 
dents in  New  York  during  1907,  and  1908,  determined  that  87%  per 
cent  of  them  were  due  to  what  might  be  termed  modern  causes,  and 
in  fact  had  occurred  almost  entirely  in  industries  which  were  not  known 
when  the  present  liability  rules  were  made  a  part  of  the  present  com- 
mon law.  Of  these  accidents,  therefore,  an  increasing  proportion  should 
be  charged  to  the  hazards  of  the  industry,  and  not  to  the  negligence  of 
either  the  employer  or  the  employe. 

The  Commission  appointed  in  the  State  of  Minnesota  analyzed  1,253 
reported  accidents,  and  determined  that  71.6%  of  these  were  due  to 
the  hazards  of  the  industry,  15.6%  to  the  wilful  negligence  of  the  work- 
men, 5.2%  to  the  contributory  negligence  of  the  workmen,  5%  to  the 


WORKMEN'S    COMPENSATION    COMMISSION. 


13 


negligence  of  a  fellow-servant,  and  2.6%  directly  to  the  fault  of  the 
employer. 

An  investigation  by  Crystal  Eastman,  a  trained  student  of  this  prob- 
lem of  377  fatal  accidents  in  the  Pittsburg,  Pennsylvania  district,  classi- 
fied the  responsibility  as  follows:  Causes  attributed  solely  to  em- 
ployers or  those  who  represented  them,  29.97% ;  causes  attributed  solely 
to  those  killed,  or  their  fellow  workmen,  27.85% ;  causes  attributed  to 
both  the  above  classes,  16.91% ;  causes  attributed  to  neither  of  the 
above  classes,  26.27%. 

The  Imperial  Insurance  Office  of  the  German  Empire,  reporting  as 
to  46,000  accidents  reported,  found  that  the  fault  of  the  employer  had 
caused  16.81%;  the  fault  of  the  employe  28.89%;  the  fault  of  both 
parties  9.94%  and  the  inevitable  risk  of  the  industry  and  all  other  causes, 
44.36%. 

These  statistics  demonstrated  to  the  commission  not  only  the  im- 
possibility of  securing  justice  to  either  the  employe  or  the  employer  by 
a  modification  of  the  present  rules  of  liability  but  also  the  necessity 
of  affording  relief  for  the  increasing  number  of  accidents  where  the  re- 
sponsibility cannot  be  traced. 


III.    THE  PRESENT  COMPENSATION. 

The  third  inquiry  of  the  Commission  was  the  broader  one  as  to  whether 
or  not  those  injured  by  industrial  accidents  in  the  State  of  Michigan 
received  adequate  compensation  under  the  present  system  of  employers' 
liability.  The  results  of  the  general  investigation  as  to  the  amounts  of 
compensation  paid  are  tabulated  in  Table  No.  1,  but  the  investigation  of 
particular  industries,  particular  accidents  and  industrial  conditions  in 
particular  localities  brought  forth  much  additional  valuable  informa- 
tion. 

The  detailed  result  of  this  investigation  is  set  forth  in  the  following 
tables  which  are  attached  as  a  part  of  the  appendix  to  this  report. 


<v   . 
§g 
!H* 

Employers. 

Location. 

No.  of 
accidents 
reported. 

Total  of 
compensation 
and  relief. 

V. 
VI. 

Furniture  companies  
Automobile  companies  

Grand  Rapids  
Detroit  

169 
201 

$3,454  75 
2,501  02 

VII. 
VIII. 
IX. 

X. 

All  industries  
All  industries  
All  industries  

All  industries 

Battle  Creek  
Kalamazoo  
Muskegon  

Oakland  Co  

47 
141 
152 

74 

1,683  37 
4,168  37 
8,942  94 

655  13 

XI. 
XII. 
XIII. 

All  industries  
All  industries  
All  industries 

Holland  
Van  Buren  Co  
Saginaw  

39 
16 
245 

1,063  30 
237  00 
8,177  75 

XIV. 
XV 

Miscellaneous  industries  

Alpena  Co  
Alpena  Co 

31 
98 

8,741  50 
3,803  65 

Particular  attention  was  devoted  to  the  collection  of  this  data  from 
the  mining  corporations  of  Michigan.    It  may  be  summarized  as  follows: 


14 


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WORKMEN'S    COMPENSATION    COMMISSION. 


15 


A  study  of  the  fatal  accidents  from  the  industrial  enterprises  of  Mich- 
igan produced  the  following  information : 


Industries. 

No.  of 
fatal 
injuries. 

Total 
compensation 
and  relief. 

Woodworking          

7 

$548  74 

Automobiles 

4 

1  050  00 

Metal  workers                  

14 

7  062  32 

All  others                                              

10 

4  937  64 

Total                                         

35 

$13  598  70 

Average  of  all  compensation  and  relief  as  to  the  fatal  accidents, 
$388.53. 

A  similar  investigation  of  the  mining  companies'  statistics  as  to  fatal 
accidents  where  final  settlement  has  been  made  produces  the  following 
information : 


Total  fatal  accidents 

Total  compensation  and  relief. 
Average  compensation 


64 

$74,135  64 
1,158  37 


The  investigation  of  the  statistics  collected  in  the  foregoing  table 
with  reference  to  the  compensation  paid  for  accidents,  less  than  fatal, 
produces  the  following  information  as  to  such  accidents  in  industries 
exclusive  of  mines : 


Total  accidents  reported  both  permanent  and  less  than  permanent  injuries. 
Total  of  the  compensation  and  relief 


6,502 
$72,203  01 


A  similar  investigation  as  to  non-fatal  injuries  in  the  mining  com- 
panies produced  the  following  information: 


Total  injuries 

Total  compensation  and  relief 


4,775 
$59,206  64 


Inquiry  was  then  made  as  to  how  the  compensation  received  com- 
pared with  the  losses  sustained.  The  Commission  had  no  way  in  which 
it  could  measure  the  suffering  that  the  various  accidents  had  caused 
and  it  was  only  possible  in  this  branch  of  its  investigation  to  endeavor 
to  determine  what  relation  the  compensation  received  bore  to  the^  loss 
of  wages  and  what  was  the  effect  of  the  injury  upon  the  injured  and  his 
family  and  dependents. 

The  statistics  above  referred  to  and  tabulated  in  the  various  tables 
were,  therefore,  analyzed  to  determine  what  answer  could  be  made  to 
this  inquiry.  The  result  of  that  analysis  is  shown  in  the  following 
tables : 


16  EMPLOYERS'    LIABILITY    AND 

Wage  loss  and  compensation  in  non-fatal  accidents  in  the  mines : 


Total  non-fatal  accidents 

Total  time  lost  in  days 

Average  daily  wage  of  employes  injured 

Total  wage  loss 

Total  compensation 


4,102 
69,710 

$2  20 

140,816  20 
131,571  74 


Wage  loss  and  compensation  in  non-fatal  accidents  in  other  industries : 


Total  non-fatal  accidents 

Total  time  lost  in  days 

Average  daily  wage  of  employes  injured 

Total  wage  loss 

Total  compensation 


614 
29 . 990 

$2  07 
58,189  77 
24,819  78 


In  these  tables  the  only  accidents  taken  into  consideration  are  those 
as  to  which  time  loss  was  reported.  The  average  daily  wage  of  the  in- 
jured person  is  as  reported  by  the  various  companies. 

The  data  as  to  the  average  compensation  paid  and  the  wage  loss 
sustained  made  it  apparent  to  the  Commission  that  the  injured  on  an 
average  did  not  secure  a  compensation  proportionate  with  the  injury. 
This  low  average  was,  of  course,  brought  about  by  the  large  number 
of  accidents  to  which,  there  being  no  negligence  on  the  part  of  the 
employer,  there  was  no  legal  liability  to  pay  damages. 


RECOVERY  OF  DAMAGES  IN  THE  COURTS. 

But  it  was  argued  before  the  Commission  that  a  recourse  to  the  courts 
did  secure,  where  recovery  was  had,  an  adequate  payment  to  the  in- 
jured. The  Commission  sought  to  test  the  accuracy  of  this  statement  by 
an  examination  of  litigated  cases,  the  verdicts  secured,  the  expense  of 
the  litigation,  and  the  cost  to  the  litigants. 

This  investigation  developed  the  fact  that  the  damages  for  injuries 
similar  in  effect  and  extent  were  widely  variant  in  amount  and  were  on 
the  average  less  than  the  compensation  proposed  under  suggested  com- 
pensation acts.  It  appeared  also  that  great  delay  generally  occurred  be- 
tween the  time  of  the  accident  and  the  final  settlement  of  the  action 
and  that  the  actual  costs  of  the  litigation  exclusive  of  attorneys'  fees 
was  a  considerable  item.  No  adequate  data  was  secured  as  to  the 
expense  of  attorney  fees.  In  certain  isolated  cases  this  information  was 
available  as  appears  in  the  tables  here  inserted.  But  the  Commission 
after  an  examination  of  the  data  and  general  investigation  reached  the 
conclusion  that  the  attorney  fees  of  the  plaintiff  on  an  average  ap- 
proximated at  least  40%  of  the  verdicts  recovered. 

It  appeared  that  of  the  sum  paid  the  liability  companies  in  premiums, 
40%  was  disbursed  on  account  of  litigation,  demonstrating  that  the 
defendants  expense  in  this  respect  is  a  substantial  sum. 

In  view  of  the  importance  of  this  branch  of  the  investigation,  the 
Commission  inserts  here  the  details  of  this  data: 


WORKMEN'S    COMPENSATION    COMMISSION. 


17 


TABLE    XVII.— RECOVERY    IN    WAYNE     CIRCUIT     COURT     OF     TWENTY-TWO    MEN 
PARTIALLY    DISABLED     FOR    LIFE. 


No.  of  men. 

Amount 
paid. 

No.  of  men. 

Amount 
paid. 

12 

o 

9 

$2  500 

$200 

1 

4  000 

j 

350 

2  

5,000 

400 

1 

5  750 

1 

1   250 

Total 

22    

$19  450 

Average  recovery,  $884.09. 

Of  the  22  cases  above  given  54i  per  cent  recovered  nothing. 


TABLE    XVIII.— RECOVERY    IN    WAYNE    CIRCUIT    COURT    OF  TWENTY-THREE    MEN 
TEMPORARILY    TOTALLY  DISABLED. 


No.  of  men. 

Amount 
paid. 

No.  of  men. 

Amount 
paid. 

11 

0 

1  . 

$600 

1 

$125 

2  

1,000 

2 

175 

1  

1,600 

^ 

900 

1 

5  ,  000 

3 

500 

Total                             

23 

$9,200 

Average  recovery,  $400.00. 

Of  the  23  cases  above  given  47.8  per  cent  recovered  nothing. 


TABLE    XIX.— RECOVERY    IN    WAYNE    CIRCUIT    COURT    OF    SIXTEEN    MINORS 
PARTIALLY  DISABLED  FOR  LIFE. 


No.  of  minors. 

Amount 
paid. 

No.  of  minors. 

Amount 
paid. 

7 

0 

1 

$900 

1 

$50 

1  

1,000 

1 

100 

1                  ... 

2  000 

1 

150 

3,500 

1 

400 

1                  

4  500 

Total 

16 

$13  000 

Average  recovery,  $812.50. 

Of  the  above  16  cases  43.7  per  cent  recovered  nothing. 


TABLE  XX.— RECOVERY  IN  WAYNE  CIRCUIT  COURT  OF  SEVEN  MINORS  TEMPO- 
RARILY TOTALLY  DISABLED. 


No.  of  minors. 

Amount 
paid. 

No.  of  minors. 

Amount 
paid. 

2 

0 

1     

$200 

I 

$45 

1                     

250 

1  

100 

1*  

3,500 

Total                            .    . 

7 

$4,095 

*Violation  of  labor  law  in  re  minors. 

Average  recovery,  $585. 

Of  the  above  7  cases  28£  per  cent  recovered  nothing. 

In  no  case  in  the  above  tables  has  attorney's  fees  or  medical  expenses  been  deducted. 


18 


EMPLOYERS'    LIABILITY    AND 


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20 


EMPLOYERS'    LIABILITY    AND 

TABLE   XXIV.— CASES  IN  CIRCUIT 


Nature  of  injury. 

Occupation. 

Amount 
recovered. 

Attorney's 
fees. 

Arm  cut  and  crushed  by  dovetailing 

Paper  box  maker  

*$3,000  00 

$500  00 

machine  necessitating  amputation. 
Killed   by   elevator  starting   before 

2,500  00 

33»cr 

deceased  could  get  out. 
Killed  by  falling  elevator  shaft  
Head    pierced    with   piece   of   steel 
driver.  J 
Thrown     from     wagon'     improper 

Manufacturer  of  cement  plaster.. 
Manufacturer  of  school  and  opera 
seats. 
Driver  for  retailer 

12,125  00 
1,481  30 

No  cause 

975  00 
50% 

125  00 

harness. 
Explosion  of  gasoline  in  can  marked 
'•Oil." 
Caused  by  breaking  decayed  step  on 

G.  R.  I.  Ry  
Manufacturer  of  caskets  and  un- 

of action. 
§4,000  00 

None..  . 

50%  contingent. 

stairway. 
Ladder  fell  from  tree  breaking  arm 

dertakers'  supplies. 
Farm  hamd.       

250  00 

50  00 

Laundry  worker 

j|l  350  00 

500  00 

machine. 
Burned     by     pouring    bensol    into 

Furniture  worker 

300  00 

111  43  93 

sewer  into  which  steam  was  es- 
caping. 
Fell   from   rear  bumper  when  cars 
collided  while  changing  trolley. 
Leg  crushed  by  starting  turntable 

Street  railway  
p.  M.  Ry  

§ 

§ 

25%  contingent  . 
50%  contingent 

without  notice. 

*  Allowed  by  jury,  appealed  to  supreme  court. 

tPaid  in  court  during  new  trial  granted  by  supreme  court. 

JDied  three  months  after  accident. 


TABLE  XXV.— CASES  IN  CIRCUIT  COURT 


Nature  of  injury. 

Occupation. 

Time  lost 
from  work. 

Loss  in 
wages. 

Timber  fell  on  side  breaking  three  ribs  

Manufacturer  of  engines.  .  . 

9  months  .  . 

$572  40 

Thumb  on  left  hand  cut  off  

Stationery  manufacturer 

2  months 

84  00 

Lost  first  three  fingers  of  left  hand  
Skull  fractured  

Furniture  worker  
Manufacturing  of  firepots  . 

5  months.  .  . 
1  1  months 

300  00 

Hands  mangled  in  machinery  

Manufacturer  wooden  ware. 

1  month..  .  . 

22  50 

Total        

28  months 

$978  90 

WORKMEN'S    COMPENSATION    COMMISSION. 


21 


COURT  FOR  KENT  COUNTY.  1910, 


te 

~*u 

5«« 
s  «  . 

|ll 

Wages  at  time 
of  accident. 

Time  lost 
from 
work. 

Loss  in 
wages. 

Total 
cost,  fees, 
medicine, 
etc. 

Wages  after 
recovery. 

Economic 
conditions 
after 
recovery. 

Was  earning 
power  per- 
manently im- 
paired? 

S9?-^ 

$15  00  per  week 

Lost  position.. 

Yes. 

1  =n 

50 
100 
63 

Oft 

$3.00  per  day  .  .  . 
$2.25  per  day  .  .  . 
$10.00  per  week. 

6  months. 
4  months. 
3  months. 
6  weeks 

$432  00 
216  00 
120  00 
36  00 

$607  75 
2,316  00 
183  00 
116  00 

$3.00  per  day  . 
$2.00  per  day  . 
$15  per  week.. 

Lost  position.. 
Lost  position.. 
Lost  position.. 
Lost  position.. 

No. 
Yes. 
No. 
No. 

9  50 

$1  50  per  day   . 

Lost  position.. 

Yes. 

10 

300 
1  ^O 

$10.75  per  week. 
$12.00  per  week. 

2  weeks  .  . 
3  months. 

21  50 

144  00 
290  00 

181  50 

444  00 
370  00 

10  per  week..  . 
$25  per  month 

Lost  position.. 

Lost  position.. 
Lost  position.. 

No. 

Yes. 
Yes. 

§Suit  pending. 
llSettled  out  of  court. 


llOd/UCVJ,    i/U*    \JL      IAJU1I/. 

^Additional  cash  expense  of  $6.07  in  fees. 


MUSKEGON  COUNTY.  PERIOD.  1910. 


Wages  at  time 
of  accident. 

Wages  after 
accident. 

Medical 
expenses. 

Date  of 
accident. 

Suit  began. 

Amount 
recovered. 

Earning 
power 
perman- 
ently im- 
paired. 

$2.65  per  day..  . 
$1  75  per  day..  . 

$2.00  per  day  . 

$200  00 
100  00 

Aug.  22,  1910 
April  21,  1910 

Dec.  29,  1910 
Oct.   14,  1910 

*$2,10000 
1,500  00 

Yes. 
Yes. 

$2.50  per  day..  . 

$1.50  per  day. 

100  00 
150  00 

Mar.  24,  1910 
Aug   10  1910 

Nov.  28,  1910 
Sept  19  1910 

None  

Yes. 

$0.75  per  day..  . 

$0.65  per  day. 

50  00 

June  27,  1910 

Aug.  17,  1910 

225  00 

Yes. 

Av    $1  91 

Av      $1  38 

$600  00 

$3,825  00 

*Attorney  fees,  $700.00. 


22 


EMPLOYERS'    LIABILITY    AND 


Recove 
circuit 


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WORKMEN'S    COMPENSATION    COMMISSION.  23 

The  cases  in  Table  XXIV  consumed  a  total  of  28  days  of  the  court's 
time,  at  a  cost  to  the  State  and  county  of  $2,774.31.  The  court  cost  to 
the  parties  at  suit  was  f  927. 60.  While  there  were  32  cases  in  which 
suit  was  commenced,  only  12  of  them  proceeded  to  trial,  the  rest  being 
discontinued  either  because  of  settlement  or  some  other  cause  result- 
ing in  failure  to  prosecute.  The  average  attorney  fee  for  the  above 
cases  was  $787.33;  added  to  this  cost  to  the  worker  (exclusive  of  his 
permanent  loss  of  earning  power)  was  an  average  medical  expenditure 
of  f  111.33;  and  a  loss  of  wages  averaging  $180.60,  thus  showing  that 
while  the  average  amount  recovered  by  the  injured  in  court  amounted 
to  $2,542.78,  there  was  left  for  the  injured  but  $1,338.55,  when  final 
settlement  was  made,  and,  it  will  be  noted,  three  of  these  accidents  re- 
sulted in  death. 

It  appears  that  all  the  injuries  in  Table  XXV  occurred  in  manufactur- 
ing plants, — that  is,  where  there  was  machinery.  In  the  first  case  the  time 
intervening  between  the  accident  and  the  commencement  of  suit  was  4 
months,  1  week;  the  second,  5  months,  3  weeks;  the  third,  8  months, 
4  days;  the  fourth,  5  weeks;  the  fifth,  7  weeks.  This  shows  an  average 
delay  of  3  months  and  3  weeks  before  suit  was  even  begun.  The  delay 
until  the  conclusion  of  the  litigation  was,  of  course,  much  longer.  Dur- 
ing the  period  of  time  lost  from  work  the  injured  workmen  were  depend- 
ent upon  others  for  bread,  clothing  and  shelter — in  addition  to  the  usual 
wants  was  the  expense  caused  by  the  injury. 

The  average  daily  wage  from  this  table  is  $1.91,  multiplying  this 
by  the  total  reported  time  lost,  we  find  the  total  loss  of  wages  to  be 
$1,393.48  in  these  five  cases;  an  average  loss  per  injured  man  $278.70 
wages.  The  total  medical  expense  was  $600.00;  the  average  expense 
per  man  is  $120.  From  these  figures  it  can  be  seen  that  the  average 
combined  loss  of  wages  and  medical  expense  per  injured  man  was 
$315.78.  The  average  recovery  was  $765.00.  Taking  from  this  average 
recovery  the  average  expense  we  have  a,  balance  of  $449.22  which  repre- 
sents the  compensation  received  by  the  injured  man  for  his  injury. 
From  this  amount  must  be  taken  the  expenses  of  the  trial  and  the  law- 
yer's fees.  Reckoning  court  and  attorney  costs  at  40%  we  have  left 
to  the  injured  workman  an  average  of  $173.15  as  compensation.  Since 
all  the  cases  reporting  a  recovery  in  this  table  were  those  in  which  there 
was  permanent  injury,  this  $173.15  is  the  average  of  which  the  injured 
workman  received  for  a  permanent  reduction  of  his  earning  power. 


24  EMPLOYERS'    LIABILITY    AND 


IV.  EFFECT  OF  PRESENT  SYSTEM  ON  EMPLOYER. 

The  Commission  having  become  satisfied  that  industrial  accidents 
do  occur  in  Michigan  to  an  extent  justifying  remedial  legislation,  and 
that  the  compensation  ultimately  received  as  a  whole,  by  those  injured, 
and  in  the  vast  majority  of  individual  cases,  was  inadequate,  turned 
its  attention  to  an  inquiry  as  to  the  effect  of  the  present  system  upon 
the  employer. 

A  general  inquiry  developed  the  fact  that  approximately  65%  of 
the  larger  employers  of  the  State  -endeavored  to  protect  them- 
selves against  liability  for  negligent  injuries  by  indemnity  insurance. 
The  total  amount  of  premiums  paid  yearly  by  Michigan  employers  for 
all  forms  of  indemnity  insurance  approximates  $725,082.00.  Of  this 
amount  a  proportion  is  applicable  to  some  other  forms  of  insurance, 
but  the  exact  proportion  was  not  reported!  to  the  commission.  The  in- 
vestigation by  the  New  York  Commission  on  Workmen's  Compensation 
developed  the  fact  that  throughout  the  country  as  a  whole  not  to  exceed 
approximately  36%  of  the  amount  of  premiums  paid  for  liability  in- 
surance were  paid  out  in  losses  by  the  indemnity  companies.  All  of  the 
balance,  except  a  not  unreasonable  percentage  which  inures  to  the  com- 
panies' profit,  was  absorbed  in  the  securing  of  business  and  the  expenses 
of  litigation.  If  the  same  ratio  were  made  applicable  to  Michigan  an 
economic  loss  has  been  sustained  by  the  employer  and  employe  that  yearly 
approximates  $435,000  if  we  could  approximate  the  total  of  the  prem- 
iums above  set  forth  to  industrial  indemnity.  The  indemnity  companies 
perform  a  useful  function,  but  their  interest  rests  solely  in  the  economi- 
cal adjustment  of  loss.  The  employers  to  some  extent  treat  the  insur- 
ance not  as  indemnity  but  as  if  it  were  a  transfer!  of  all  liability,  and  in- 
stead of  adjusting  the  loss  themselves  and  seeking  indemnity  from  the 
company  they  co-operate  with  the  indemnity  company  so  that  the  latter 
may  at  once  assume  the  full  burden  of  disposing  of  the  litigation.  Not 
all  of  the  loss  which  arises  under  the  present  system  of  indemnity  in- 
surance could  or  should  be  saved,  since  the  insurance  of  the  risk  is  a 
necessity,  if  the  workman  is  to  be  adequately  and  completely  protected. 
But  the  litigation  which  inevitably  arises  and  is  undoubtedly  encouraged 
by  the  present  form  of  indemnifying  against  this  liability  could  be  pre- 
vented with  a  very  considerable  saving  for  both  the  employer  and  the 
workman. 

The  defense  of  litigated  cases  by  the  employer,  either  without  the 
assistance  of  the  indemnity  company  or  in  co-operation  with  the  com- 
pam^,  is  a  great  expense  to  the  employer,  not  only  by  reason  of  the 
actual  expenditures  for  costs  and  attorneys,  but  as  well  because  of  the 
dissatisfaction  aroused  with  other  employes,  the  loss  of  time  and  loss 
of  service.  Altogether  it  can  with  justice  be  said,  that  the  effect  upon 
the  employer  of  the  present  system  is  as  serious  except  for  the  physical 
suffering  caused  by  the  injury,  as  the  effect  upon  the  workman  and 
his  family.  By  this  we  mean  that  the  pecuniary-  loss  is  probably  as 
great  upon  the  employer  as  upon  the  employe. 


WORKMEN'S    COMPENSATION    COMMISSION.  25 


V.    EFFECT  OF  PRESENT  SYSTEM  ON  PUBLIC. 

The  effect  upon  the  public  of  the  present  method  of  handling  industrial 
accidents  was  the  subject  of  consideration. 

The  data  already  set  forth  in  the  tables  as  to  litigation  demonstrated 
the  heavy  expense  of  the  actions  brought  in  the  courts.  The  Commis- 
sion was  continually  impressed  with  the  economic  waste  to  the  public 
because  of  the  differences  constantly  arising  between  the  employer  and 
the  employe,  the  animosity  created  and  encouraged  by  the  common  law 
system. 

That  the  public  has,  however,  a  direct  financial  interest  in  the  prob- 
lem of  caring  for  the  injured  workmen  cannot  be  doubted. 

To  demonstrate  the  truth  of  this  statement  an  investigation  w^as  at- 
tempted of  the  records  of  the  poor  commission  of  Detroit  and  the  coro- 
ner's office  of  Wayne  county.  The  information  there  secured  indicates 
clearly  that  the  families  of  injured  workmen  are  a  substantial  charge 
upon  the  public  funds.  The  coroner's  office  shows  a  record  of  91  fatal 
accidents  in  1910  arising  from  all  causes  but  an  investigation  was 
completed  in  only  twelve  industrial  accidents,  which  were  selected  at 
random. 

The  inquiry  as  to  the  records  of  the  poor  commission  developed  statis- 
tics as  to  14  fatal  accidents,  13  partial  permanent  disabilities  and 
20  temporary  disabilities. 

The  examination  of  the  data  above  referred  to  and  the  evidence  of 
the  extraordinary  waste  in  litigation  confirmed  the  Commission  in  its 
opinion  that  the  expense  of  the  present  system  to  the  State  is  so  great 
that  it  could  with  justice  bear  the  expense  of  the  administration  of 
any  remedial  statute. 

The  data  secured  is  in  detail  as  follows: 


26 


EMPLOYERS'    LIABILITY    AND 

TABLE  XXVII.— RECORDS  TAKEN  FROM 


Earnings  per  week. 

Paid  fam 

1 

Occupation. 

Injury. 

Nationality. 

Children. 

1 

8 

.j 

1 

o 

$ 

d 

I 

£ 

No. 

Earn- 
ings. 

1 

Furniture 

Fell  down  elevator 

German  .... 

$2   10 

4 

0 

$2   10 

0 

$500 

polisher. 

shaft. 

2 

Piano  rubber.. 

Burned  to  death  in 

Hollander..  . 

.1   50 

3 

$2  00 

3  50 

$80 

0 

factory. 

3 

Teamster  

Wagon    struck    by 

Canadian.  .  . 

5  00 

0 

0 

5  00 

0 

1,000 

train. 

4 

Oiler,     rolling 

Burned  by  collapse 

Canadian.  .  . 

8  00 

2 

0 

8  00 

1,000 

5 

mill. 
Sewer  digger.  . 

of  machinery. 
Fell  into  sewer  .... 

German  .... 

0 

2 

0 

0 

0 

500 

6 

Teamster 

Struck  by  St.  car.  . 

Polish  

1   50 

6 

0 

1   50 

0 

500 

7 

Painter  

Scalded  to  death.  .  . 

American..  . 

0 

0 

0 

0 

1,000 

0 

8 

Teamster  

Struck  by  St.  car.  . 

American..  . 

3  00 

1 

0 

3  00 

0 

0 

9 

Car  tester  and 

Foot  crushed;  blood 

German  .... 

2  50 

6 

0 

2  50 

0. 

0 

10 

oiler. 
Engineer  

poisoning. 
Crushed     between 

Canadian  .  . 

4  50 

- 

0 

4  50 

1,000 

0 

elevator  and  floor. 

11 

Millhand  

Killed  when  drawn 

Austrian..  .  . 

0 

3 

0 

0 

121 

0 

into  belt. 

12 

Teamster 

Knocked  from 

American 

6 

0 

780 

0 

wagon. 

WORKMEN'S    COMPENSATION    COMMISSION. 
THE  CORONER'S  OFFICE— PERIOD,   1910. 


27 


Uy  by 

Settlemen 

t. 

Employer. 

In  court. 

Out  of 
court. 

Attorney's 
fees. 

Weekly 
wages 
time  of 
accident. 

Condition  of  family  time 
of  report. 

Funeral 

$12  00 

Former  employer  gives  widow  $10  per 

9  00 

month  for  3  years.     Owns  home; 
$250  incumb  ranee. 
Mother  earns  money  washing  clothes  ; 

funeral. 
0 

$2,000 

$666  67 

19  00 

one  son  works  irregularly. 
Owns  home,  unencumbered;  income 

$100  00 
Hospital 



600 

100  00 

12  00 
13  50 

from  roomers. 
Owns  home;  earns  money  boarding 
and  rooming. 
Home  broken  up;  widow  living  with 

25  00 

Suit  pending  . 

10  50 

married  daughter. 
Receiving  aid  from  poor  commission; 

o 

3,800 

1,900  00 

20  00 

destitute. 
In   comfortable  circumstances;   with 

o 

350 

115  00 

12  00 

sister. 
Home  broken  up;  widow  out  at  ser- 

o 

vice;  son  contributes  little. 
Widow  no  means  of  support  except 

0 

o 

Suit  pending.  .  .  . 



washing  clothes. 
Widow   running   small   store;    debts 
used  up  insurance  money. 
Receiving  aid  from  poor  commission; 

25  00 

live  in  two  rooms. 
Widow  now  at  housework;  sickly  and 

destitute;  oldest  boy  in  hospital. 

28 


EMPLOYERS'    LIABILITY    AND 

TABLE  XXVIII.— PARTIALLY  DISABLED  FOR  LIFE,  TAKEN 


Case  number. 

Nature  of  injury. 

Nationality. 

Earnings  per  week. 

Wife. 

Children. 

No. 

Earnings. 

15 
16 
17 
18 
19 

20 
21 
22 
23 

24 
25 
26 
27 

Fractured  vertebrae  and  paralysis  of  one  leg  .... 
Internal  injuries*  timber  fell  on  him  •  

American  
German  
Polish  
Austrian  
Russ-Polish  

Polish.. 

0 
0 
$3  00 
0 
0 

0 
0 
0 
5  00 

0 
0 
0 
0 

2 
3 
4 
3 
3 

4 
1 
3 
0 

*2 
2 
7 
3 

0 
$3  00 
0 
0 
0 

0 
0 
0 
0 

0 
0 
1    75 
0 

Leg  broken  badly  set*  walks  with  cane. 

Injured  in  foundry;  crippled  for  life  

Seriously  scalded  •  crippled  for  life 

Eyes  injured  while  working  in  foundry    

Lost  two  fingers  of  right  hand 

Austrian 

Leg  broken;  walks  with  crutch  
Fell  off  building*  walks  with  crutches 

Polish  
Canadian 

Crippled  while  at  work  on  R.  R 

Italian  
American  
Austrian 

Fell  through  floor;  foot  amputated  

Pile  driver  fell  on  leg;  amputated  above  knee  .  .  . 
Leg  cut  off  by  machinery  

Austrian  

*  Aided  by  son  who  has  six  children. 


TABLE  XXIX.— TEMPORARILY  TOTALLY  DISABLED 


s 

1 

28 
29 
30 

31 
32 

33 
34 
35 
36 
37 

38 
39 
40 
41 
42 

43 
44 
45 
46 
47 

Nature  of  injury. 

Nationality. 

Earnings  per  week. 

Wife. 

Children. 

No. 

Earnings. 

Leg  broken  while  working  on  car  
Fell  from  freight  car;  injured  head  and  arm  
Blood  poisoned  hand  while  at  work  in  packing 
plant  

Polish  

0 
$6  00 

0 
0 
5  00 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

7 
6 

4 
6 
5 

0 

*4 
0 
t4 
3 

3 
2 
5 
2 

5 

2 
2 
5 
3 
2 

$12  50 
3  50 

4  00 
3  00 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

German 

American 

Leg  broken  by  earth  falling  on  him 

Polish  
American 

Leg  broken  in  collision;  motorman  

Gasoline  poisoning  while  working  in  auto  factory 
Blood  poisoning  in  leg          

Canadian  
German 

Leg  broken  bv  caving  in  of  cellar  

American  
Canadian 

Fell  from  scaffold  

Leg  broken;  auto  plant 

Belgian  

Irish  
Polish 

Blood  poisonong  in  hand  from  brass  splinter  .... 
Leg  injured  by  iron  window  falling  on  him  
Injured  foot  while  at  work  in  car  shops  
Fell  from  building  in  course  of  constrict  uon  
Injured  while  unloading  freight  

Austrian  

American  
American  

Motor  fell  on  shoulder 

Fell  back  into  wagon  while  driving  same 

American  

Ran  needle  into  hand      

Injured  while  at  work  on  railroad  bridge  
Injured  while  tearing  down  old  building  

Syrian  
Canadian  

*Other  aid  from  church. 
**Employer  paid  hospital  bill. 


WORKMEN'S    COMPENSATION    COMMISSION. 
FROM  RECORDS  OF  POOR  COMMISSION— PERIOD.  1910. 


29 


13 

Total 
earnings. 

o 

Compensation. 

Wages  time  of 
accident. 

Period 
incapacitated. 

J? 

Date  of 
accident. 

I 

O 

q 

»—  t 

1 

o 

o 

Suit  pending  

$80.00  per  mo..  . 

Still  disabled  

39 

July,  '09 

$3  00 

0 

0 

$1.57  per  day  .  .  . 

3  months  

44 

Oct.,  '10 

3  00 

0 

0 

$1.50  per  day.  .  . 

Intermittent  .... 

41 

1906 

0 
0 

0 
0 

0 
Offered  $200;  refused..  . 

$1.75  per  day.  .  . 
$63.00  per  mo..  . 

4  years  
Still  disabled.... 

39 
36 

1907 
1910 

o 

o 

No  recoverv 

Intermittent   . 

35 

1908 

o 

o 

$1  75  per  day  .  .  . 

Intermittent  .... 

22 

July,  '10 

o 

$50  00 

Wages  6  mos    doc'r  bill 

$1  75  per  day 

1  year 

33 

1909 

5  00 

o 

Suit  pending     

$3.50  per  day  .  .  . 

1  year  

39 

1909 

0 

0 

0 

$1.50  per  day.  .  . 

Still  disabled.... 

60 

1905 

o 

o 

$125  00 

Intermittent   . 

47 

Sept     '07 

f9  75 

0 

Suit  discontinued  

Now  working 

42 

1902 

t4   50 

0 

$200  00 

Sells  lead  pencils 

47 

1900 

tHusband  at  work. 


TAKEN  FROM  RECORDS  OF  POOR  COMMISSION. 


Total 
earnings. 

Insurance. 

Com- 
pensation. 

Wages  time  of 
accident. 

Period 
incapacitated. 

1 
1 
"3 

<u 

9 

Date  of 
accident. 

$12  50 

0 

0 

$2  35  per  day  

Still  disabled  

47 

Jan.,  '11 

9  50 

o 

0 

$1  90  per  day 

45 

Mar.,  '11 

4  00 

o 

0 

5  months  

37 

Sept.,  '10 

3  00 

o 

*$57  75 

$1  75  per  day 

6  months 

55 

Jan     '11 

5  00 

o 

** 

$2  60  per  day     .  .  . 

4  months     

40 

Sept.,  '10 

o 

o 

o 

$14  75  per  week..  .  . 

Still  disabled  

70 

Oct.,  '10 

o 

o 

o 

$1  75  per  day 

1  year 

79 

1910 

0 
0 

o 

0 
0 

o 

0 
0 
190  00 

$1.75  per  day  
40  cents  per  hour.  .  .  . 
$2  00  per  day  

Intermittent  
Still  disabled  
Still  disabled  

48 
64 
31 

Feb.,  '11 
Aug.,  '10 
Dec.,  '10 

o 

o 

o 

SI  75  per  day  

7  weeks    

32 

Jan.,  '11 

0 
0 

o 

0 
0 

o 

0 

*o 
o 

$1.25  per  day  
$1.00  per  day  

Intermittent  
Still  disabled  

36 
40 
24 

Jan.,   '11 
Nov.,  '10 
Dec.,  '10 

o 

o 

o 

$1.75  per  day  

1  month  

41 

Nov.,  '10 

o 

o 

o 

$1  .75  per  day  

3  weeks  

26 

July,  '10 

o 

o 

o 

$13  00  per  week 

37 

Aug.,  '10 

o 

o 

o 

$2  00  per  day 

2  months 

34 

Dec.,  '10 

o 

o 

o 

$2  25  per  day 

Still  disabled  

44 

Jan.,   '11 

0 

0 

0 

Still  disabled  

38 

May,  '11 

tMarried,  contributed  nothing. 


30 

EMPLOYERS' 

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WORKMEN'S    COMPENSATION    COMMISSION.  31 


GENERAL  CONCLUSIONS. 

The  Commission  concluded  from  the  investigation  of  which  the  fore- 
going is  a  synopsis,  not  only  that  industrial  accidents  in  Michigan  oc- 
curred to  a  number  to  justify  remedial  legislation,  but  that  on  the 
whole  the  compensation  received  by  the  injured  person  was  not  ade- 
quate, and  that  by  reason  of  the  present  legal  rules  large  sums  of  money 
were  expended  by  employers  as  a  protection  against  damages  arising 
from  industrial  accidents,  while  but  a  small  percentage  of  the  sums  so 
expended  actually  resulted  in  any  benefit  to  the  injured.  It  concluded 
that  the  litigation  which  is  now  uniformly  the  result  of  an  industrial 
accident  is  the  cause  of  great  expense,  not  only  to  the  injured  but  to 
the  employer  and  that  this  expense  is  an  actual  and  economic  loss  and 
waste. 

It  was  apparent,  therefore,  that  if  a  change  in  the  present  system 
could  be  effected  by  which  the  burden  of  industrial  accidents  could  be 
more  equitably  distributed,  the  injured  person  receive  more  compensa- 
tion, the  employer  be  protected  against  the  unreasonable  risks  of  ex- 
cessive verdicts,  and  the  community  at  large  be  saved  the  expense 
caused  to  it  by  present  litigation  between  the  parties  and  society 
in  general  could  be  relieved  of  the  animosity  engendered  by  the  strife 
arising  under  the  present  conditions — if  these  results  could  be  accom- 
plished by  a  change  in  the  present  legal  system,  such  a  change  was 
most  earnestlv  to  be  desired. 


REMEDIES,— MODIFICATION  OF  PRESENT  LAW. 

Various  remedies  were  proposed  to  the  Commission,  and  considered 
by  it  in  its  discussions.  One  proposal  which  was  argued  with  consider- 
able insistence,  and  indorsed  by  high  authority,  was  that  the  defences 
of  the  employer  be  modified  or  abolished.  The  Federal  Government, 
by  the  Employers'  Liability  Act  of  1908,  qualified  the  assumption  of  risk 
defense  as  to  common  carriers  "when  the  violation  by  a  common  carrier 
of  any  statute  enacted  for  the  safety  of  employes  contributed  to  the 
injury  of  the  employe."  In  some  states  the  same  rule  has  been  modi- 
fied where  the  accident  occurs  through  a  defect  of  machinery,  of  which 
the  victim  had  given  notice.  (See  Massachusetts  Revised  Laws,  1902, 
par.  71;  New  York,  1902,  Sec.  600,  par.  1.  Ohio  Annotated  Statutes, 
par.  3365.  Connecticut  General  Statutes,  1902,  par.  4702;  Pennsylvania 
statutes  1907,  chapter  329;  Alabama  Code  1901,  chapter  89,  1910  and 
others.) 

The  State  of  Ohio  has  in  a  general  way  already  modified  the  com- 
mon law  by  providing  that  all  questions  of  contributory  negligence  were 
to  be  left  to  the  jury.  This  was  likewise  the  requirement  of  the  Federal 
Employers'  Liability  Act  of  1906.  Michigan  in  1909,  by  Act  104  of  its 
Public  Acts,  provided  that  the  contributory  negligence  of  an  employe 
of  a  railroad  company  should  not  bar  his  recovery,  if  it  were  of  a  less 
degree  than  the  negligence  of  the  railroad  company,  its  officers  or  em- 
ployes, and  that  no  employe  should  be  held  to  have  been  guilty  of 


32  EMPLOYERS'    LIABILITY    AND 

contributory  negligence  where  the  violation  of  a  statute  for  the  safety 
of  employes  of  railroad  companies  contributed  to  the  injury,  and  that 
such  employe  should  not  be  held  to  have  assumed  the  risk  of  his  employ- 
ment where  a  violation  by  the  common  carrier  of  any  statute  enacted 
for  the  safety  of  employes  contributed  to  the  injury.  This  statute  is 
common  in  many  states,  and  in  Oklahoma  and  Missouri  it  has  been  ex- 
tended to  mines. 

In  Maine  in  1909,  the  fellow-servant  rule  was  abolished  for  all  em- 
ployes except  domestic,  farm  laborers  and  lumbermen.  Other  modi- 
fications of  one  or  another  of  the  employers'  defences  have  been  made 
elsewhere. 

This  remedy  seemed,  however,  in  the  opinion  of  the  Commission  to 
be  entirely  inadequate  and  ineffective.  It  will  be  remembered  that  a 
very  considerable  percentage  of  the  accidents  are  usually  due  to  causes 
which  cannot  be  traced  in  any  respect  whatever  to  the  negligence  of 
the  employer.  If  we  may  adopt  the  results  of  the  investigation  of  Miss 
Eastman  in  the  Pittsburg  district,  (page  104,  Work,  Accidents  and  the 
Law),  it  is  apparent  that  54.12%  are  not  due  in  any  way  to  the  negli- 
gence of  the  employer,  so  that  a  modification  of  the  defences  would 
not  materially  assist  the  workmen  to  secure  compensation.  Even  if 
these  defences  should  be  completely  abolished  and  not  simply  modi- 
fied, as  above  stated,  there  would  still  be  left  more  than  fifty  per  cent 
of  the  accidents  for  which  no  compensation  whatever  could  be  secured, 
and  this  notwithstanding  the  large  proportion  of  these  accidents  would 
be  chargeable  to  the  risks  that  surround  modern  industry.  Not  only 
this,  but  the  modification  of  these  defences  would  tend  to  increase  liti- 
gation in  the  courts  by  enlarging  the  workman's  ability  to  maintain  an 
action  for  damages,  and  with  this  litigation  would  still  be  present  the 
vicious  gamble  of  the  verdict,  which  is,  after  all,  the  source  of  the 
greatest  waste.  It  would  seem,  therefore,  that  the  only  rational  solu- 
tion of  the  difficulty  would  be  the  adoption  of  some  plan  that  would 
effectually  put  an  end  to  the  continual  increase  of  litigation  over  in- 
dustrial accidents. 


REMEDIES,— WORKMEN'S  COMPENSATION. 

The  second  proposal,  that  of  Workmen's  Compensation,  contemplates 
a  complete  change  in  the  theory  upon  which  damages  for  industrial  ac- 
cidents rests.  As  we  have  seen,  the  present  system  is  based  upon  a 
showing  of  the  employer's  negligence.  Workmen's  Compensation  rests 
upon  the  theory  that  the  industry  should  bear  the  hazards  of  all  acci- 
dents. This  theory  is  known  as  workmen's  compensation  to  distinguish 
it  from  employers'  liability,  the  term  applied  to  the  present  legal  sys- 
tem. It  contemplates  the  payment  of  a  fixed  sum  of  money  for  every 
injury,  thus  endeavoring  to  abolish  litigation  to  a  degree,  and  to  give 
compensation  to  every  accident  irrespective  of  fault,  unless  the  fault  be 
wilful  on  the  part  of  the  employe.  No  attempt  will  be  made  here  to 
examine  the  laws  of  this  character  which  have  been  enacted  in  every 
country  in  Europe  except  Switzerland  and  have  likewise  become  a  part 
of  the  law  of  many  of  the  British  provinces  in  the  various  parts  of  the 
world.  A  complete  resume  of  these  various  laws  will  be  found  in  United 


WORKMEN'S    COMPENSATION    COMMISSION.  33 

States  Bulletin  of  the  Bureau  of  Labor  No.  90,  issued  in  September, 
1910.  The  plan  that  has  been  in  operation  for  a  quarter  of  a  century  in 
Germany  seems  to  be  indorsed  by  the  best  students  of  the  problem  the 
world  over. 

No  examination  of  this  branch  of  the  subject  would  be  complete  with- 
out a  careful  study  of  the  volume  on  Accident  Prevention  and  Relief 
by  Messrs.  Schwedtman  and  Emery,  whose  commentary  on  the  English 
and  German  law  is  of  particular  value. 

In  the  United  States  the  compensation  principle  is  rapidly  receiving 
a  favorable  consideration.  The  states  of  Massachusetts,  California, 
Wisconsin,  Washington,  Ohio,  New  York,  New  Jersey,  Kansas,  New 
Hampshire  and  Oregon  have  each  enacted  laws  framed  in  general 
upon  the  basis  of  foreign  acts.  Acts  of  minor  importance  but  of  the 
same  general  character  exist  in  Maryland  and  Montana.  Numerous 
states  have  appointed  commissions  to  investigate  the  subject,  and  united 
action  has  been  urged  by  an  organized  body  of  these  commissioners. 
The  Federal  Government  is  likewise  investigating  the  subject  through 
its  own  commission,  intending  to  be  prepared  to  give  this  protection 
to  employes  working  in  interstate  commerce  and  within  the  jurisdiction 
of  the  Federal  Government. 

The  cardinal  principles  of  a  compensation  law  should  be: 

(1)  Reasonable  compensation  at  minimum    cost    for    all 

accidents  except  the  result  of  wilful  fault. 

(2)  Certainty  of  amount. 

(3)  Certainty  of  payment. 

(4)  Payment  without  litigation. 

(5)  Prevention  of  accidents. 

Certainty  in  the  amount  of  the  compensation  is  of  the  greatest  im- 
portance because  any  uncertainty  whatever  will  multiply  litigation.  A 
defect  of  the  British  insurance  act  much  criticized  in  Great  Britian  is 
that  it  does  not  in  the  end  reduce  litigation,  but  rather  increases  it 
because  of  the  uncertainty  of  the  amounts  that  are  to  be  received  under 
its  schedules  by  the  workman. 

Certainty  of  payment  is  likewise  of  the  first  importance.  It  was 
discovered  in  the  investigation  of  the  commission  that  many  employes 
fail  entirely  of  compensation  by  reason  of  the  insolvency  or  lack  of 
responsibility  on  the  part  of  the  employer. 

We  have  already  made  clear  from  the  results  of  the  investigation  of 
the  commission  that  the  waste  on  account  of  litigation  in  Michigan  is 
not  less  than  the  waste  because  of  this  factor  as  reported  by  the  com- 
missions of  the  other  states.  The  fourth  cardinal  principle  of  a  com- 
pensation act  must  be  the  abolition  of  litigation,  insofar  as  it  is  possi- 
ble under  constitutional  requirements. 

The  filial  object  of  the  law  should  be  not  to  mulct  employers  in  dam- 
ages, but  to  educate  both  them  and  employes  to  the  continual  and  in- 
telligent use  of  accident-prevention  devices,  and  to  obedience  to  the  fac- 
tory laws  designed  to  prevent  accidents. 
5 


34  EMPLOYERS'    LIABILITY    AND 

SUPPLEMENTAL   CONCLUSIONS. 

First. — The  Commission  desires  to  make  additional  recommendations 
which,  while  not  technically  in  the  scope  of  their  authority,  are  in  their 
opinion  of  nearly  as  great  importance  as  the  Compensation  Act  herein 
proposed.  The  first  of  these  relates  to  the  prevention  of  accidents.  The 
Commission  presents  no  affirmative  plan  in  this  respect  but  empathically 
urges  the  attention  of  the  Legislature  to  the  necessity  of  re-inforcing  the 
Labor  Department  so  that  it  can  intelligently  take  up  the  consideration 
of  accident  prevention.  In  our  opinion,  additional  appropriation  for  ex- 
perimental and  laboratory  work  in  this  regard  should  be  made.  Experts 
should  begin  the  study,  under  the  authority  of  the  State,  of  prevention 
devices,  and  Labor  inspectors  should  be  thoroughly  schooled  in  all  me- 
chanical appliances  that  will  assist  to  this  end.  In  the  opinion  of  the 
Commission  this  work  can  and  should  be  made  of  the  first  importance 
in  the  Department  of  Labor,  and  its  benefits,  if  the  work  is  intelligently 
undertaken,  will  readily  repay  the  State  for  any  expenditures  it  might 
make. 

Second. — These  suggested  amendments  to  the  Labor  Laws  of  Michigan 
will  have  no  effect  unless  they  are  administered  by  a  trained  and  in- 
telligent corps  of  officials  in  the  office  of  the  Commission  of  Labor  of 
the  State.  The  Commission  could  not  but  observe  that  this  Department 
of  the  State  Government  was  subject,  perhaps  more  than  any  other,  to 
sudden  changes  in  the  personnel  with  changes  of  administration.  This 
is  one  of  the  most  serious  defects  in  the  law.  Provision  should  be  made 
that  trained  departmental  officials  should  be  encouraged  to  remain  in  the 
Department  and  not  be  subject  to  sudden  changes  in  departmental 
heads.  A  system  of  Civil  Service  or  a  Merit  system  should  be  installed, 
and  the  careful  training  of  labor  inspectors  at  once  taken  up.  Their 
appointment  should  be  removed  as  far  as  possible  from  politics,  and 
an  effort  be  made  to  gather  around  this  department  of  the  State,  effi- 
cient, trained  and  competent  public  service  men  who  could  impartially 
administer  the  law. 

The  Commission  having  considered  the  foregoing,  prepared  an  Act 
in  accord  with  their  opinions  and  recommendations  and  submit  it  here- 
with. It  is  prefaced  with  an  additional  statement  as  to  its  general  pro- 
visions, giving  in  detail  the  conclusions  of  the  Commission  on  its  im- 
portant features. 


VI.     THE  PROPOSED  LAW. 

The  Commission  has  prepared  and  submits  herewith  a  draft  of  a  pro- 
posed law  embodying  its  recommendations  on  this  subject. 

It  is  compulsory  as  respects  the  State,  and  counties,  cities,  incor- 
porated villages,  townships  and  school  districts,  and  all  employes  of  the 
State  and  of  such  municipalities,  but  this  does  not  include  employes  of 
contractors  engaged  in  performing  work  for  the  State  or  any  such 
municipality. 

It  is  optional  as  to  all  private  employers  (including  public  service 
corporations)  and  their  employes  except  that  it  contains  a  qualifying 
section  governing  employers  and  workmen  engaged  in  interstate  com- 
merce. 


WORKMEN'S    COMPENSATION    COMMISSION.  35 

Any  such  employer  may  elect  to  become  subject  to  its  provisions,  and 
upon  "doing  so  in  the  manner  provided,  shall  post  and  publish  notice 
to  his  employes  that  he  has  done  so.  Any  employe  of  such  employer 
may  within  thirty  days  give  written  notice  to  his  employer  that  he  elects 
not  to  be  bound"  by  the  provisions  of  the  law,  but  if  the  employe  does 
not  serve  this  notice  and  remains  in  the  service  of  his  employer  for 
thirty  days,  he  is  presumed  to  have  agreed  to  be  bound. 

The  first  section  of  the  act  practically  destroys  the  three  important 
common  law  defences  of  the  employer,  namely,  contributory  negligence, 
unless  such  negligence  was  wilful,  the  fellow-servant  doctrine,  and 
that  the  employe  assumed  the  risk. 

This  section  does  not,  however,  apply  to  household  domestic  servants 
or  farm  laborers,  nor  to  the  employes  of  employers  who  have  elected 
to  become  bound  by  the  provisions  of  this  act.  The  effect  of  this  provi- 
sion will  doubtless  be  to  cause  employers  (other  than  those  of  house- 
hold domestic  servants  and  farm  laborers)  to  seek  relief  under  the 
provisions  of  this  act  from  the  burdensome  litigation  which  would  follow 
the  modification  of  their  defences.  On  the  other  hand,  the  provision  that 
this  section  shall  not  apply  to  employes  of  any  employer  who  has 
elected  to  become  subject  to  the  provisions  of  this  act,  will  leave  all 
such  common  law  defences  in  full  force  and  effect  in  case  any  such  em- 
ploye should  bring  suit  against  his  employer  to  recover  damages  at  com- 
mon law,  and  will  doubtless  cause  employes  generally  to  accept  this 
act  and  thereby  avoid  the  delay,  expense  and  unfortunate  results  fre- 
quently incident  to  the  adjustment  of  such  claims  in  the  courts. 

The  courts  of  last  resort  of  Massachusetts  and  Wisconsin  have  re- 
cently approved  similar  modification  of  the  common  law  defences  con- 
tained in  the  Workmen's  Compensation  Laws  enacted  in  those  states, 
and  it  is  believed  that  the  provisions  here  recommended  are  entirely 
within  the  principle  of  these  decisions. 

The  schedule  of  compensation  adopted  is  substantially  similar  to  that 
of  Massachusetts  and  New  Jersey,  and  the  maximum  of  Three  Thousand 
Dollars  in  case  of  death,  or  Four  Thousand  Dollars  in  case  of  perma- 
nent total  disability,  is  that  most  generally  adopted  by  states  which 
have  enacted  laws  of  this  kind,  and  by  commissions  which  have  made 
reports  with  reference  thereto.  We  have,  however,  given  particular 
thought  and  attention  to  the  question  of  securing  the  payment  of  these 
benefits  to  the  persons  entitled  thereto,  and  to  protect  them  so  far  as 
possible  against  loss  through  the  insolvency  of  employers. 

In  seeking  the  best  method  of  administering  these  funds,  we  have 
considered  the  experience  of  other  states  and  countries.  Every  law 
which  has  thus  far  been  adopted  has  been  subjected  to  severe  criticism 
as  being  inadequate  and  insufficient.  We  doubt  if  any  single  plan  has 
yet  been  devised  which  will  prove  adequate  to  meet  the  needs  of  em- 
ployers and  employes  in  a  State  which  has  such  widely  diversified  in- 
dustries as  Michigan.  There  are  some  large  employers  of  labor  whose 
solvency  and  financial  ability  is  undoubted,  and  who  are  quite  as  able 
to  carry  their  own  risks  growing  out  of  the  liabilities  imposed  by  this 
act,  as  any  insurance  company  would  be.  Some  of  these  employers 
have  already  adopted  voluntary  plans  of  compensation,  and  are  operat- 
ing under  them  with  considerable  success.  We  see  no  reason  why  such 
employers  should  not,  subject  to  the  approval  of  the  Industrial  Accident 


36  EMPLOYERS'    LIABILITY    AND 

Board,  carry  their  own  risks  and  make  the  payments  required  by  this 
act  directly  to  their  employes. 

Other  employers,  however,  have  not  such  financial  strength,  and  might 
be  overwhelmed  by  the  liabilities  accruing  from  some  extraordinary 
accident,  so  that  at  the  time  when  such  protection  was  most  seriously 
needed,  the  employer  wrould  be  unable  to  pay  the  compensation  accruing 
under  the  law. 

The  Commission  has  therefore  sought  to  meet  this  situation  by  draft- 
ing a  law  of  such  wide  scope,  and  with  such  great  elasticity  in  its  pro- 
visions, as  will  surely  result  in  providing  some  adequate  method  for 
every  employer  for  making  these  payments  in  a  convenient  and  practic- 
able way. 

The  proposed  act  gives  to  every  employer  the  option,  subject  to  the 
approval  of  the  Industrial  Accident  Board,  to: 

1.  Carry   his   own   risks   if  he  can   satisfy   the   Board   of  his 
financial  ability  to  do  so;  or 

2.  To  insure  in  any    employers'    liability    insurance    company 
authorized  to  take  risks  in  Michigan;  or 

3.  To  insure  in  an  employers'  mutual  association  for  the  or- 
ganization of  which  provision  is  made  in  this  law;  or 

4.  To  request  the  Commssioner  of  Insurance  1<>  assume  the  ad- 
ministration of  the  collection  and  disbursement  of  such  funds. 

The  purpose  of  providing  for  the  organization  of  Employers'  Mutual 
Insurance  Associations  is  to  permit  any  number  of  employers,  not  less 
than  five,  engaged  in  the  same  general  business  or  industry,  or  in  occu- 
pations where  the  risks  and  hazards  are  similar,  having  on  their  pay- 
rolls not  less  than  ten  thousand  employes,  to  associate  themselves  to- 
gether in  the  organization  of  a  company  for  the  purpose  of  mutually  in- 
suring the  members  of  such  company  against  the  risks  imposed  by  this 
law,  if  they  think  that  they  will  be  able  to  do  so  more  cheaply  than  the 
liability  insurance  companies  which  insure  such  risks  at  a  profit.  As 
there  is  no  adequate  law  on  the  statute  books  of  Michigan  permitting 
the  organization  of  such  companies  at  the  present  time,  and  as  they 
constitute  merely  a  means  of  carrying  into  effect  the  provisions  of  this 
law,  and  must  necessarily  at  all  times  be  subject  to  the  control  of  the 
Industrial  Accident  Board  and  the  Commissioner  of  Insurance,  it  has 
been  thought  desirable  to  make  provision  in  this  act  for  the  organiza- 
tion of  such  companies.  Roughly  speaking,  the  idea  of  permitting  em- 
ployers engaged  in  the  same  general  line  of  industry  to  group  themselves 
together  in  associations  for  the  purpose  of  insuring  these  risks,  has 
been  taken  from  the  German  system. 

In  Part  VI  of  the  lawr,  it  is  provided  that  when  five  or  more  employ- 
ers, having  on  their  pay-rolls  not  less  than  ten  thousand  employes,  shall 
request  the  Commissioner  of  Insurance  in  writing  to  assume  the  ad- 
ministration of  the  collection  and  disbursement  of  these  funds,  he  shall 
then  assume  charge  of  the  levying  and  collection  of  premiums  and  the 
payment  of  benefits  accruing  under  this  act.  The  Commissioner  of 
Insurance  is  given  practically  the  same  powers  in  respect  to  all  such 
matters  as  the  board  of  directors  of  employers'  mutual  associations  here- 
inbefore mentioned.  It  is  made  the  duty  of  the  Commissioner  of  In- 
surance to  levy  and  collect  sufficient  premiums  and  assessments  to  meet 


WORKMEN'S    COMPENSATION    COMMISSION.  37 

the  benefits  accruing  to  employes  of  employers  within  his  jurisdiction, 
but  it  is  expressly  provided  that  the  State  shall  not  assume  responsibil- 
ity for  the  payment  of  any  amount  beyond  the  funds  so  collected. 

"it  will  thus  appear  that  the  State  is  not  engaging  in  the  insurance 
business  in  the  sense  that  it  is  assuming  any  liability  for  claims  which 
may  be  presented,  and  the  plan  thus  proposed  differs  in  many  respects 
from  the  various  schemes  of  State  insurance  which  have  been  adopted  in 
Ohio,  Washington,  and  in  some  European  countries. 

We  have  been  led  to  adopt  the  general  plan  of  thus  presenting  to  em- 
ployers these  four  options,  because  we  believe  that  each  has  merit,  and 
that  as  yet  experience  has  not  sufficiently  demonstrated  that  any  one 
or  more  of  these  methods  is  entitled  to  exclusive  consideration.  Further- 
more, in  the  public  hearings  which  we  have  conducted,  we  have  found 
employers  favoring  each  of  these  four  methods. 

We  have  been  interested  to  hear  representatives  of  a  liability  insur- 
ance company  of  high  standing,  assert  at  such  hearings  that  liability  com- 
panies operating  on  a  profit  making  basis  can,  because  of  their  greater 
experience  and  the  advantage  of  their  present  organization,  insure 
against  such  risks  at  a  lower  rate  than  any  such  proposed  association 
of  employers  operating  at  cost  as  is  proposed  in  this  act. 

It  has  also  been  asserted  at  these  hearings  that  these  funds  can  be 
collected  and  disbursed  more  efficiently  through  the  instrumentalities  of 
the  State  than  in  any  other  manner. 

In  view  of  this  situation,  the  Commission  has  thought  it  advis- 
able to  permit,  subject  to  the  approval  of  the  Industrial  Accident  Board, 
and  the  restrictions  set  forth  in  the  proposed  law,  the  use  of  any  one 
of  these  four  methods,  with  a  view  of  enabling  the  State  to  determine 
as  the  result  of  actual  experience  which  of  these  methods  is  in  fact  best 
adapted  to  the  needs  of  employers  and  employes  in  this  State. 

We  are  led  more  easily  to  this  conclusion  by  the  fact  that  the  adoption 
of  one  of  these  methods  by  certain  employers  will  not  conflict  in  any 
way  with  the  adoption  of  any  other  of  these  methods  by  other  employers. 
If  it  develops  that  any  particular  one  of  these  methods  is  unsuited  to 
the  needs  of  the  State,  then  the  law  can  readily  be  amended  in  that 
respect,  as  these  various  plans  are  carefully  separated  from  eachi  other> 
so  that,  for  example,  either  Part  V  providing  for  the  organization  of 
Employers'  Insurance  Associations,  or  Part  VI,  providing  for  the  ad- 
ministration of  these  funds  by  the  Commissioner  of  Insurance,  may  be 
repealed  or  may  even  be  held  void  or  unconstitutional  without  in  any 
way  impairing  the  remainder  of  this  act. 

Under  this  broad  scheme  of  administering  payments,  the  injured  work- 
man will  in  all  cases,  except  where  his  employer  has  undoubted  finan- 
cial strength,  secure  in  addition  to  the  obligation  of  the  employer,  that 
of  the  insurance  company  •  carrying  such  risk,  or  of  the  funds  levied 
and  collected  by  the  Commissioner  of  Insurance,  as  the  case  may  be. 

We  have  made  no  provision  for  contribution  by  employes  to  the  funds 
necessary  to  pay  the  compensation  accruing  under  this  act.  While  it 
has  been  said  with  much  force  that  such  contribution,  however  small, 
by  employes,  will  tend  to  give  them  a  feeling  of  added  responsibility, 
and  that  as  this  law  covers  accidents  arising  from  their  carelessness, 
as  well  as  from  industrial  hazards,  they  ought  morally  to  share  the 
burden,  yet,  after  full  consideration  of  this  subject,  we  have  reached 


38  EMPLOYERS'    LIABILITY    AND 

the  conclusion  that  it  is  not  wise  to  recommend  that  they  be  required 
to  do  so.  In  reaching  this  conclusion  we  have  had  in  mind  that  em- 
ployers may,  to  some  extent,  add  the  amount  of  such  payments  to  the 
cost  of  production,  which,  of  course,  could  not  be  done  by  employes  ex- 
cept by  demanding  an  increase  of  wages  to  that  amount  Finally,  we 
think  that  the  physical  injury  and  suffering  of  the  employe  is  quite 
sufficient  to  constitute  his  proportion  of  this  industrial  burden. 

In  creating  an  Industrial  Accident  Board  which  will  assume  com- 
plete control  of  all  controversies  which  may  arise  in  connection  with 
the  administration  of  these  funds,  we  have  also  followed  the  example 
of  other  states.  The  method  of  arbitration  provided  is  simple 
and  summary.  The  committee  of.  arbitration  is  created  to  con- 
sist of  three  members,  one  of  whom  shall  be  a  member  of  the 
Industrial  Accident  Board,  who  shall  act  as  the  chairman, 
and  the  others  are  appointed  respectively  by  the  parties  in  dispute. 
They  are  required  to  meet  at  the  place  where  the  accident  occurred,  and 
to  conduct  a  thorough  investigation  and  hearing,  and  to  file  their  find- 
ings with  the  Industrial  Accident  Board.  Either  party  may  within 
seven  days  demand  a  review  by  the  Industrial  Accident  Board,  which 
shall  thereupon  examine  the  records  of  the  committee  of  arbitration, 
together  with  such  other  evidence  as  the  parties  may  desire  to  submit, 
and  make  a  final  decision.  The  findings  of  fact  of  the  Board  acting 
within  its  powers  and  in  good  faith  shall  be  final  as  to  such  matters, 
but  the  Supreme  Court  may  review  questions  of  law  involved  in  such 
decisions  or  rulings  of  the  board,  and  give  such  directions  as  justice 
may  require. 

This  plan  is  similar  to  that  adopted  in  Massachusetts  and  differs 
from  the  Wisconsin  law  only  in  that  the  latter  permits  review  by  the 
circuit  court  of  questions  of  law  involved  in  the  rulings  of  such  board, 
and  then  an  appeal  to  the  supreme  court.  We  have  deemed,  however, 
that  the  shorter  course  is  the  best,  because  it  is  of  the  utmost  import- 
ance that  the  injured  workman  (or  in  case  of  death,  his  dependents) 
should  receive  the  compensation  accruing  to  them  under  this  net  as 
promptly  and  with  as  little  expense  and  difficulty  as  shall  be  reason- 
ably possible. 

It  may  be  that  the  task  imposed  upon  this  board  in  requiring  one 
member  thereof  to  act  as  1lio  chairman  of  the  committee  of  arbitration 
created  to  determine  every  dispute,  will  prove  greater  than  it  will  be 
able  to  perform,  on  account  of  the  number  of  controversies.  If  so,  the 
board  can  be  relieved  by  amending  the  law  so  as  to  provide  for  the 
appointment  of  one  or  more  expert  examiners,  who  may  act  in  the 
same  capacity  on  such  committee  of  arbitration  as  a  member  of  the 
Industrial  Accident  Board  under  the  law  as  here  proposed.  We  think, 
however,  it  is  highly  desirable  that  the  members  of  the  Industrial  Acci- 
dent Board  should,  at  least  to  begin  with,  be  brought  in  close  personal 
contact  with  both  employers  and  employes,  and  deal  at  short  range  with 
the  controversies  which  will  necessarily  arise  under  this  law.  Notwith- 
standing the  care  with  which  any  law  of  this  character  may  be  drafted, 
it  is  foredoomed  to  failure  unless  efficiently  administered  by  a  board 
in  sympathy  with  its  purposes  and  who  are,  or  may  become,  thoroughly 
familiar  with  the  economic  conditions  to  which  it  applies. 

As  the  operation  of  this  law  upon  both  employer  and  employe  rests 


WORKMEN'S    COMPENSATION   COMMISSION.  39 

necessarily  upon  their  assent,  express  or  implied,  it  may  be  said  that 
the  election  of  either  to  come  within  its  terms  amounts  to  the  acceptance 
by  them  of  the  methods  provided  for  enforcing  collection  of  compensa- 
tion, as  well  as  the  compensation  itself,  and  that  such  acceptance  will 
constitute  a  waiver  of  any  other  method  of  enforcing  liability,  including 
trial  by  jury.  Furthermore,  since  such  election  on  the  part  of  the  em- 
ployer and  of  the  employe  removes  any  such  controversy  from  the  scope 
of  the  common  law,  it  may  be  said  that  as  to  them  the  common  law  right 
of  action,  with  all  its  incidents,  including  the  right  of  trial  by  jury, 
has  been  effectually  disposed  of. 

We  cannot  hope  that  this  proposed  law  will  prove  satisfactory  to  all. 
We  have,  however,  in  the  preparation  of  it,  drawn  widely  from  the  ex- 
perience of  other  states,  as  well  as  from  the  statistics  and  information 
which  we  have  collected,  and  we  present  it  for  consideration  in  the 
firm  belief  that  it  represents  to  the  full  extent  of  present  experience  a 
broad  and  comprehensive  plan  for  the  adjustment  of  such  controversies 
between  employers  and  employes. 


40  EMPLOYERS'    LIABILITY    AND 


A  BILL 

To  promote  the  general  health  and  welfare  of  the  people  of  this 
State,  relating  to  the  liability  of  employers  for  injuries  or  death  sus- 
tained by  their  employes,  providing  compensation  for  the  accidental 
injury  to  or  death  of  employes  and  methods  for  the  payment  of  the 
same,  including  the  incorporation  of  mutual  associations  to  insure  the 
payments  of  such  compensation,  establishing  an  Industrial  Accident 
Board,  defining  its  powers,  providing  'for  a  review  of  its  awards,  mak- 
ing an  appropriation  to  carry  out  the  provisions  of  this  act,  and  re- 
stricting the  right  to  compensation  or  damages  in  such  cases,  to  such  as 
are  provided  by  this  act. 

The  People  of  the  State  of  Michigan  enact: 

PART  I. 

MODIFICATION   OF  REMEDIES. 

SECTION  1.  In  an  action  to  recover  damages  for  personal  injury  sus- 
tained by  an  employe  in  the  course  of  his  employment,  or  for  death 
resulting  from  personal  injury  so  sustained,  it  shall  not  be  a  defence : 

(a)  That  the  employe  was  negligent  unless  and  except  it  shall 
appear  that  such  negligence  was  wilful; 

(b)  That  the  injury  was  caused  by  the  negligence  of  a  fellow 
employe ; 

(c)  That  the  employe  had  assumed  the  risks  inherent  in  or 
incidental  to,  or  arising  out  of  his  employment,  or  arising  from 
the  failure  of  the  employer  to  provide  and  maintain  safe  premises 
and  suitable  appliances. 

SEC.  2.  The  provisions  of  Section  1  shall  not  apply  to  actions  to 
recover  damages  for  personal  injuries  sustained  by  household  domestic 
servants  and  farm  laborers. 

SEC.  3.  The  provisions  of  Section  1  shall  not  apply  to  actions  to 
recover  damages  for  the  death  of,  or  for  personal  injuries  sustained  by 
employes  of  any  employer  who  has  elected,  with  the  approval  of  the 
Industrial  Accident  Board  hereinafter  created,  to  pay  compensation  in 
the  manner  and  to  the  extent  hereinafter  provided. 

SEC.  4.  Any  employer  who  has  elected,  with  the  approval  of  the 
Industrial  Accident  Board  hereinafter  created,  to  pay  compensation 
as  hereinafter  provided,  shall  not  be  subject  to  the  provisions  of  Sec- 
tion 1;  nor  shall  such  employer  be  subject  to  any  other  liability  what- 
soever, save  as  herein  provided,  for  the  death  of  or  personal  injury  to 
any  employe,  for  which  death  or  injury  compensation  is  recoverable 
under  this  act,  except  as  to  employes  who  have  elected  in  the  manner 
hereinafter  provided  not  to  become  subject  to  the  provisions  of  this  act. 

SEC.  5.  The  following  shall  constitute  employers  subject  to  the  pro- 
visions of  this  act: 


WORKMEN'S    COMPENSATION    COMMISSION.  41 

1.  The  State  and  each  county,  city,  township,  incorporated  village 
and  school  district  therein. 

2.  Every  person,  firm  and  private  corporation  (including  any  public 
service  corporation)   who  has  any  person  "in  service  under  any  contract 
of  hire,  express  or  implied,  oral  or  written,  and  who,  at  or  prior  to  the 
time  of  the  accident  to  the  employe  for  which  compensation  under  this 
act  may  be  claimed,  shall  in  the  manner  provided  in  the  next  section, 
have  elected  to  become  subject  to  the  provisions  of  this  act,  and  who 
shall  not,  prior  to  such  accident,  have  effected  a  withdrawal  of  such 
election,  in  the  manner  provided  in  the  next  section. 

SEC.  6.  Such  election  on  the  part  of  the  employers  mentioned  in  sub- 
division two  of  the  preceding  section,  shall  be  made  by  filing  with  the 
Industrial  Accident  Board  hereinafter  provided  for,  a  written  state- 
ment to  the  effect  that  such  employer  accepts  the  provisions  of  this  act, 
and  that  he  adopts,  subject  to  the  approval  of  said  Board,  one  of  the 
four  methods  provided  for  the  payment  of  the  compensation  herein- 
after specified.  The  filing  of  such  statement  and  the  approval  of  said 
Board  shall  operate,  within  the  meaning  of  the  preceding  section,  to  sub- 
ject such  employer  to  the  provisions  of  this  act  and  all  acts  amendatory 
thereof  for  the  term  of  one  year  from  the  date  of  the  filing  of  such 
statement,  and  thereafter,  without  further  act  on  his  part,  for  successive 
terms  of  one  year  each,  unless  such  employer  shall,  at  least  thirty  days 
prior  to  the  expiration  of  such  first  or  any  succeeding  year,  file  in  the 
office  of  said  Board  a  notice  in  writing  to  the  effect  that  he  desires  to 
withdraw  his  election  to  be  subject  to  the  provisions  of  this  act:  Pro- 
vided, however,  That  such  employer  so  electing  to  become  subject  to 
the  provisions  of  this  act  shall  within  ten  days  after  the  approval  by 
said  Board  of  his  election  filed  as  aforesaid,  post  in  a  conspicuous  place 
in  his  plant,  shop,  mine  or  place  of  work,  or  if  such  employer  be  a 
.transportation  company,  at  its  several  stations  and  docks,  notice  in  the 
form  as  prescribed  and  furnished  by  the  Industrial  Accident  Board  to 
the  effect  that  he  accepts  and  will  be  bound  by  the  provisions  of  this 
act. 

SEC.  7.  The  term  "employe"  as  used  in  this  act  shall  be  construed 
to  mean : 

1.  Every  person  in  the  service  of  the  State,  or  of  any  county,  city, 
township,  incorporated  village  or  school  district  therein,  under  any  ap- 
pointment, or  contract  of  hire,  express  or  implied,  oral  or  written,  ex- 
cept any  official  of  the  State,  or  of  any  county,  city,  township,  incorpo- 
rated  village  or  school   district  therein,   provided  that  one,   employed 
by  a  contractor,  who  has  contracted  with  a  county,  city,  township,  in- 
corporated village,  school  district  or  the  State,  through  its  representa- 
tives, shall   not  be  considered  an   employe  of  the  State,  county,   city, 
township,  incorporated  village  or  school  district  which  made  the  con- 
tract. 

2.  Every   person   in  the  service  of  another  under  any   contract  of 
hire,    express   or  implied,   oral   or  written,   including   aliens,   and   also 
including  minors  who  are  legally  permitted  to  work  under  the  laws 
of  the  State   (who,  for  the  purposes  of  this  act,  shall  be  considered 
the  same  and  have  the  same  power  to  contract  as  adult  employes),  but 
not  including  any  person   whose  employment  is  but  casual  or  is  not 


42  EMPLOYERS'    LIABILITY    AND 

in  the  usual  course  of  the  trade,  business,  profession,  or  occupation  of 
his  employer. 

SEC.  8.  Any  employe  as  defined  in  subdivision  one  of  the  preceding 
section  shall  be  subject  to  the  provisions  of  this  act  and  of  any  act 
amendatory  thereof.  Any  employe  as  defined  in  subdivision  two  of  the 
preceding  section  shall  be  deemed  to  have  accepted  and  shall  be  subject 
to  the  provisions  of  this  act  and  of  any  act  amendatory  thereof  if,  at 
the  time  of  the  accident  upon  which  liability  is  claimed : 

1.  The  employer  charged  with  such  liability  is  subject  to  the  pro- 
visions of  this  act,  whether  the  employe  has  actual  notice  thereof  or 
not;  and 

2.  Such  employe  shall  not,  at  the  t-ime  of  entering  into  his  contract 
of  hire,  express  or  implied,  with  such  employer,  have  given  to  his  em- 
ployer notice  in  writing  that  he  elects  not  to  be  subject  to  the  provi- 
sions of  this  act;  or,  in  the  event  that  such  contract  of  hire  was  made 
before  such  employer  became  subject  to  the  provisions  of  this  act,  such 
employe  shall   have  given  to  his  employer  notice  in   writing  that  he 
elects  not  to  be  subject  to  such  provisions,  or  without  giving  either  of 
such  notices  shall  have  remained  in  the  service  of  such  employer  for 
thirty  days  after  the  employer  has  filed  with  said  Board  an  election  to 
be  subject  to  the  terms  of  this  act.     An  employe  who  has  given  notice 
to  his  employer  in  writing  as  aforesaid  that  he  elects  not  to  be  subject 
to  the  provisions  of  this  act,  may  waive  such  claim  by  a  notice  in  writ- 
ing, which  shall  take  effect  five  days  after  it  is  delivered  to  the  em- 
ployer or  his  agent. 


PART  II. 

COMPENSATION. 

SEC.  1.  If  an  employe  who  has  not  given  notice  of  his  election  not 
to  be  subject  to  the  provisions  of  this  act,  as  provided  in  Part  1,  Sec- 
tion 8,  or  who  has  given  such  notice  and  has  waived  the  same  as  herein- 
before provided,  receives  a  personal  injury  arising  out  of  and  in  the 
course  of  his  employment  by  an  employer  who  is  at  the  time  of  such 
injury  subject  to  the  provisions  of  this  act,  he  shall  be  paid  compensa- 
tion in  the  manner  and  to  the  extent  hereinafter  provided,  or  in  case 
of  his  death  resulting  from  such  injuries  such  compensation  shall  be 
paid  to  his  dependents  as  hereinafter  defined. 

SEC.  2.  If  the  employe  is  injured  by  reason  of  his  serious  and  wilful 
misconduct,  he  shall  not  receive  compensation  under  the  provisions  of 
this  act. 

SEC.  3.  No  compensation  shall  be  paid  under  this  act  for  any  injury 
which  does  not  incapacitate  the  employe  for  a  period  of  at  least  two 
weeks  from  earning  full  wages,  but  if  incapacity  extends  beyond  the 
period  of  two  weeks,  compensation  shall  begin  on  the  15th  day  after 
the  injury :  Provided,  however,  That  if  such  disability  continues  for  eight 
weeks  or  longer,  such  compensation  shall  be  computed  from  the  date  of 
the  injury. 

SEC.  4.     During  the  first  three  weeks  after  the  injury  the  employer 


WORKMEN'S    COMPENSATION    COMMISSION.  43 

shall  furnish,  or  cause  to  be  furnished,  reasonable  medical  and  hospital 
services  and  medicines  when  they  are  needed. 

SEC.  5.  If  death  results  from  the  injury,  the  employer  shall  pay, 
or  cause  to  be  paid,  subject,  however,  to  the  provisions  of  Section  12 
hereof,  in  one  of  the  methods  hereinafter  provided,  to  the  dependents  of 
the  employe,  wholly  dependent  upon  his  earnings  for  support  at  the 
time  of  the  injury,  a  weekly  payment  equal  to  one-half  his  average 
weekly  wages,  but  not  more  than  ten  dollars  nor  less  than  four  dollars 
a  week  for  a  period  of  three  hundred  weeks  from  the  date  of  the  injury. 
If  the  employe  leaves  dependents  only  partly  dependent  upon  his  earn- 
ings for  support  at  the  time  of  his  injury,  the  weekly  compensation  to 
be  paid  as  aforesaid  shall  be  equal  to  the  same  proportion  of  the  weekly 
payments  for  the  benefit  of  persons  wholly  dependent  as  the  amount 
contributed  by  the  employe  to  such  partial  dependents  bears  to  the 
annual  earnings  of  the  deceased  at  the  time  of  his  injury.  When  weekly 
payments  have  been  made  to  an  injured  employe  before  his  death  the 
compensation  to  dependents  shall  begin  from  the  date  of  the  last  of  such 
payments,  but  shall  not  continue  more  than  three  hundred  weeks  from 
the  date  of  the  injury". 

SEC.  6.  The  following  persons  shall  be  conclusively  presumed  to  be 
wholly  dependent  for  support  upon  a  deceased  employe: 

(a)  A  wife  upon  a  husband  with  whom  she  lives  at  the  time  of  his 
death. 

(b)  A  husband  upon  a  wife  with  whom  he  lives  at  the  time  of  her 
death. 

(c)  A  child  or  children  under  the  age  of  sixteen  years  (or  over  said 
age,  if  physically  or  mentally  incapacitated  from  earning)    upon  the 
parent  with  whom  he  is  or  they  are  living  at  the  time  of  the  death  of 
such  parent,  there  being  no  surviving  parent^     In  case  there  is  more 
than  one  child  thus  dependent,  the  death  benefit  shall  be  divided  equally 
among  them.  In  all  other  cases  questions  of  dependency,  in  whole  or  in 
part,  shall  be  determined  in  accordance  with  the  fact,  as  the  fact  may  be 
at  the  time  of  the  injury;  and  in  such  other  cases,  if  there  is  more  than 
one  person  wholly  dependent,  the  death  benefit  shall  be  divided  equally 
among  them,   and  persons   partly  dependent,  if  any,   shall  receive  no 
part  thereof;  if  there  is  no  one  wholly  dependent  and  more  than  one 
person  partly  dependent,  the  death  benefit  shall  be  divided  among  them 
according  to  the  relative  extent  of  their  dependency.    No  person  shall 
be  considered  a  dependent  unless  a  member  of  the  family  of  the  deceased 
employe,  or  bears  to  him  the  relation  of  husband  or  widow,  or  lineal 
descendant,  or  ancestor,  or  brother,  or  sister. 

SEC.  7.  Questions  as  to  who  constitute  dependents  and  the  extent 
of  their  dependency  shall  be  determined  as  of  the  date  of  the  accident 
to  the  employe,  and  their  right  to  any  death  benefit  shall  become  fixed 
as  of  such  time,  irrespective  of  any  subsequent  change  in  conditions; 
and  the  death  benefit  shall  be  directly  recoverable  by  and  payable  to 
the  dependent  or  dependents  entitled  thereto,  or  their  legal  guardians 
or  trustees.  In  case  of  the  death  of  one  such  dependent  his  propor- 
tion of  such  compensation  shall  be  payable  to  the  surviving  dependents 
pro  rata.  Upon  the  death  of  all  such  dependents  compensation  shall 
cease.  No  person  shall  be  excluded  as  a  dependent  who  is  a  non-resi- 
dent alien.  No  dependent  of  an  injured  employe  shall  be  deemed  dur- 


44  EMPLOYERS'    LIABILITY    AND 

ing  the  life  of  such  employe  a  party  in  interest  to  any  proceeding  by 
him  for  the  enforcement  of  collection  of  any  claim  for  compensation,  nor 
as  respects  the  compromise  thereof  by  such  employe. 

SEC.  8.  If  the  employe  leaves  no  dependents  the  employer  shall  pay, 
or  cause  to  be  paid  as  hereinafter  provided,  the  reasonable  expense  of 
his  last  sickness  and  burying,  which  shall  not  exceed  two  hundred  dol- 
lars. 

SEC.  9.  While  the  incapacity  for  work  resulting  from  the  injury  is 
total,  the  employer  shall  pay,  or  cause  to  be  paid  as  hereinafter  pro- 
vided, to  the  injured  employe  a  weekly  compensation  equal  to  one-half 
his  average  weekly  wages,  but  not  more  than  ten  dollars  nor  less 
than  four  dollars  a  week;  and  in  no -case  shall  the  period  covered  by 
such  compensation  be  greater  than  five  hundred  weeks,  nor  shall  the 
total  amount  of  all  compensation  exceed  four  thousand  dollars. 

SEC.  10.  While  the  incapacity  for  work  resulting  from  the  injury 
is  partial,  the  employer  shall  pay,  or  cause  to  be  paid  as  hereinafter 
provided,  to  the  injured  employe  a  weekly  compensation  equal  to  one- 
half  the  difference  between  his  average  weekly  wages  before  the  injury 
and  the  average  weekly  wages  which  he  is  able  to  earn  thereafter,  but 
not  more  than  ten  dollars  a  week ;  and  in  no  case  shall  the  period  covered 
by  such  compensation  be  greater  than  three  hundred  weeks  from  the  date 
of  the  injury.  In  cases  included  by  the  following  schedule  the  disa- 
bility in  each  such  case  shall  be  deemed  to  continue  for1  the  period  speci- 
fied, and  the  compensation  so  paid  for  such  injury  shall  be  as  speci- 
fied therein,  to-wit: 

For  the  loss  of  a  thumb,  fifty  per  centum  of  the  average  weekly  wages 
during  sixty  weeks. 

For  the  loss  of  a  first  finger,  commonly  called  index  finger,  fifty  per 
centum  of  average  weekly  wages  during  thirty-five  weeks. 

For  the  loss  of  a  second  finger,  fifty  per  centum  of  average  weekly 
wages  during  thirty  weeks. 

For  the  loss  of  a  third  finger,  fifty  per  centum  of  average  weekly 
wages  during  twenty  weeks. 

For  the  loss  of  a  fourth  finger,  commonly  called  little  fioager,  fifty 
per  centum  of  average  weekly  wages  during  fifteen  weeks. 

The  loss  of  the  first  phalange  of  the  thumb,  or  of  any  finger,  shall 
be  considered  to  be  equal  to  the  loss  of  one-half  of  such  thumb,  or 
finger,  and  compensation  shall  be  one-half  the  amounts  above  specified. 

The  loss  of  more  than  one  phalange  shall  be  considered  as  the  loss 
of  the  entire  finger  or  thumb;  providing,  however,  that  in  no  case  shall 
the  amount  received  for  more  than  one  finger  exceed  the  amount  pro- 
vided in  this  schedule  for  the  loss  of  a  hand. 

For  the  loss  of  a  great  toe,  fifty  per  centum  of  average  weekly  wages 
during  thirty  weeks. 

For  the  loss  of  one  of  the  toes  other  than  a  great  toe,  fifty  per  centum 
of  average  weekly  wages  during  ten  weeks. 

The  loss  of  the  first  phalange  of  any  toe  shall  be  considered  to  be 
equal  to  the  loss  of  one-half  of  such  toe,  and  compensation  shall  be 
one-half  of  the  amount  above  specified. 


WORKMEN'S    COMPENSATION    COMMISSION.  45 

The  loss  of  more  than  one  phalange  shall  be  considered  as  the  loss 
of  the  entire  toe. 

For  the  loss  of  a  hand,  fifty  per  centum  of  average  weekly  wages 
during  one  hundred  and  fifty  weeks. 

For  the  loss  of  an  arm,  fifty  per  centum,  of  average  weekly  wages 
during  two  hundred  weeks. 

For  the  loss  of  a. foot,  filfty  per  centum  of  average  weekly  wages  dur- 
ing one  hundred  and  twenty-five  weeks. 

For  the  loss  of  a  leg,  fifty  per  centum  of  average  weekly  wages  dur- 
ing one  hundred  and  seventy-five  weeks. 

For  the  loss  of  an  eye,  fifty  per  centum  of  average  weekly  wages  dur- 
ing one  liundred  weeks. 

The  loss  of  both  hands,  or  both  arms,  or  both  feet,  or  both  legs,  or 
both  eyes,  or  of  any  two  thereof,  shall  constitute  total  and  permanent 
disability,  to  be  compensated  according  to  the  provisions  of  Section  9. 

The  amounts  specified  in  this  clause  are  all  subject  to  the  same 
limitations  as  to  maximum  and  minimum  as  above  stated. 

SEC.  11.  The  term;  "average  weekly  wages"  as  used  in  this  act  is 
deilned  to  be  one  fifty-second  part  of  the  average  annual  earnings  of 
the  employe.  If  the  injured  employe  has  not  worked  in  the  employment 
in  which  he  was  working  at  the  time  of  the  accident,  whether  for  the 
employer  or  not,  during  substantially  the  whole  of  the  year  immediately 
preceding  his  injury,  his  average  annual  earnings  shall  consist  of  three 
liundred  times  the  average  daily  wage  or  salary  which  he  has  earned 
in  such  employment  during  the  days  when  so  employed.  If  the  injured 
employe  has  not  worked  in  such  employment  during  substantially  the 
whole  of  such  immediately  preceding  year,  his  average  annual  earn- 
ings shall  consist  of  three  hundred  times  the  average  daily  wage  or 
salary  Avhich  an  employe  of  the  same  class  working  substantially  the 
whole  of  such  immediately  preceding  year  in  the  same  or  a  similar 
employment  in  the  same  or  a  neighboring  place,  shall  have  earned  in 
such  employment  during  the  days  when  so  employed.  In  cases  where 
the  foregoing  methods  of  arriving  at  the  average  annual  earnings  of 
the  injured  employe  cannot  reasonably  and  fairly  be  applied,  such  an- 
nual earnings  shall  be  taken  at  such  sum  as,  having  regard  to  the 
previous  earnings  of  the  injured  employe,  and  of  other  employes  of  the 
same  or  most  similar  class,  working  in  the  same  or,  most  similar  em- 
ployment, in  the  same  or  neighboring  locality,  shall  reasonably  represent 
the  annual  earning  capacity  of  the  injured  employe  at  the  time  of  the 
accident  in  the  employment  in  which  he  was  working  at  such  time. 
The  fact  that  an  employe  has  suffered  a  previous  disability,  or  received 
compensation  therefore,  shall  not  preclude  compensation  for  a  later  in- 
jury, or  for  death,  but  in  determining  compensation  for  the  later  in- 
jury, or  death,  his  average  annual  earnings  shall  be  such  sum  as  will 
reasonably  represent  his  annual  earning  capacity  at  the  time  of  the  later 
injury  in  the  employment  in  which  he  was  working  at  such  time  and 
shall  be  arrived  at  according  to  and  subject  to  the  limitations  of  the 
provisions  of  this  section.  The  weekly  loss  in  wages  referred  to  in 
this  act,  shall  consist  of  such  percentage  of  the  average  weekly  earn- 


46  EMPLOYERS'    LIABILITY    AND 

ings  of  the  injured  employe,  computed  according  to  the  provisions  of 
this  section,  as  shall  fairly  represent  the  proportionate  extent  of  the 
impairment  of  his  earning  capacity  in  the  employment  in  which  he  was 
working  at  the  time  of  the  accident,  the  same  to  be  fixed  as  of  the  time 
of  the  accident,  but  to  be  determined  in  view  of  the  nature  and  extent 
of  the  injury. 

SEC.  12.  The  death  of  the  injured  employe  prior  to  the  expiration 
of  the  period  within  which  he  would  receive  such  weekly  payments 
shall  be  deemed  to  end  such  disability  and  all  liability  for  the  remain- 
der of  such  payments  which  he  would  have  received  in  case  he  had  lived 
shall  be  terminated,  but  the  employer  shall  thereupon  be  liable  for 
the  following  death  benefits  in  lieu  of  any  further  disability  indemnity : 

If  the  injury  so  received  by  such  employe  was  the  proximate  cause  of 
his  death,  and  such  deceased  employe  leaves  dependents,  as  hereinbefore 
specified,  wholly  or  partially  dependent  on  him  for  support,  the  death 
benefit  shall  be  a  sum,  sufficient,  when  added  to  the  indemnity  which 
shall  at  the  time  of  death  have  been  paid  or  become  payable  under  the 
provisions  of  this  act  to  such  deceased  employe,  to  make  the  total  com- 
pensation for  the  injury  and  death  (exclusive  of  medical  and  hospital 
services  and  medicines  furnished  as  provided  in  Section  4  hereof)  equal 
to  the  full  amount  which  such  dependents  would  have  been  entitled  to 
receive  under  the  provisions  of  Section  5  hereof  in  case  the  accident 
had  resulted  in  immediate  death,  and  such  benefits  shall  be  payable  in 
weekly  installments  in  the  same  manner  and  subject  to  the  same  terms 
and  conditions  in  all  respects  as  payments  made  under  the  provisions 
of  said  Section  5. 

SBC.  13.  No  savings  or  insurance  of  the  injured  employe,  nor  any 
contribution  made  by  him  to  any  benefit  fund  or  protective  association 
independent  of  this  act,  shall  be  taken  into  consideration  in  determin- 
ing the  compensation  to  be  paid  hereunder,  nor  shall  benefits  derived 
from  any  other  source  than  those  paid  or  caused  to  be  paid  by  the  em- 
ployer as  herein  provided,  be  considered  in  fixing  the  compensation  un- 
der this  act. 

SEC.  14.  If  an  injured  employe  is  mentally  incompetent  or  is  a  minor 
at  the  time  when  any  right  or  privilege  accrues  to  him  under  this  act, 
his  guardian  or  next  friend  may  in  his  behalf  claim  and  exercise  such 
right  or  privilege. 

SEC.  15.  No  proceedings  for  compensation  for  an  injury  under  this 
act  shall  be  maintained  unless  a  notice  of  the  injury  shall  have  been 
given  to  the  employer  as  soon  as  practicable  after  the  happening  there- 
of, and  unless  the  claim  for  compensation  with  respect  to  such  injury 
shall  have  been  made  within  three  months  after  the  occurrence  of  the 
same;  or,  in  case  of  the  death  of  the  employe,  or  in  the  event  of  his 
physical  or  mental  incapacity,  within  three  months  after  death  or  the 
removal  of  such  physical  or  mental  incapacity. 

SEC.  16.  The  said  notice  shall  be  in  writing,  and  shall  state  in  ordi- 
nary language  the  time,  place  and  cause  of  the  injury;  and  shall  be 
signed  by  the  person  injured,  or  by  a  person  in  his  behalf,  or,  in  the 
event  of  his  death,  by  his  dependents  or  by  a  person  in  their  behalf. 

SEC.  17.  The  notice  shall  be  served  upon  the  employer  or  an  agent 
thereof.  Such  service  may  be  made  by  delivering  said  notice  to  the  per- 
son on  whom  it  is  to  be  served,  or  leaving  it  at  his  residence  or  place 


WORKMEN'S    COMPENSATION    COMMISSION.  47 

of  business,  or  by  sending  it  by  registered  mail  addressed  to  the  person 
or  corporation  on  whom  it  is  to  be  served,  at  his  last  known  residence 
or  place  of  business. 

SEC.  18.  A  notice  given  under  the  provisions  of  this  act  shall  not 
be  held  invalid  or  insufficient  by  reason  of  any  inaccuracy  in  stating  the 
time,  place  or  cause  of  the  injury,  unless  it  is  shown  that  it  was  the 
intention  to  mislead,  and  the  employer  (or  the  insurance  company 
carrying  such  risk  or  the  commissioner  of  insurance  as  the  case  may 
be)  was  in  fact  misled  thereby.  Want  of  notice  shall  not  be  a  bar  to 
proceedings  under  this  act,  if  it  be  shown  that  the  employer  had  knowl- 
edge of  the  injury. 

SEC.  19.  After  an  employe  has  given  notice  of  an  injury,  as  provided 
by  this  act,  and  from,  time  to  time  thereafter  during  the  continuance 
of  his  disability  he  shall,  if  so  requested  by  the  employer  (or  the  in- 
surance company  carrying  such  risk,  or  the  commissioner  of  insurance, 
as  the  case  may  be)  submit  himself  to  an  examination  by  a  physician 
or  surgeon  authorized  to  practice  medicine  under  the  laws  of  the  State 
furnished  and  paid  for  by  the  employer  (or  the  insurance  company  carry- 
ing such  risk,  or  the  commissioner  of  insurance,  as  the  case  may  be). 
The  employe  shall  have  the  right  to  have  a  physician  provided  and  paid 
for  by  himself  present  at  the  examination.  If  he  refuses  to  submit 
himself  for  the  examination,  or  in  any  way  obstructs  the  same,  his 
right  to  compensation  shall  be  suspended,  and  his  compensation  during 
the  period  of  suspension  may  be  forfeited.  Any  physician  who  shall 
make  or  be  present  at  any  such  examination  may  be  required  to  testify 
under  oath  as  to  the  results  thereof. 

SEC.  20.  No  agreement  by  an  employe  to  waive  his  rights  to  com- 
pensation under  this  act  shall  be  valid. 

SEC.  21.  No  payment  under  this  act  shall  be  assignable  or  subject 
to  attachment  or  garnishment,  or  be  held  liable  in  any  way  for  any 
debts. 

SEC.  22.  Whenever  any  weekly  payment  has  been  continued  for  not 
less  than  six  months,  the  liability  therefor  may  be  redeemed  by  the 
payment  of  a  lump  sum  by  agreement  of  the  parties,  subject  to  the 
approval  of  the  Industrial  Accident  Board,  and  said  Board  may  at  any 
time  direct  in  any  case,  if  special  circumstances  be  found  which  in  its 
judgment  require  the  same,  that  the  deferred  payments  be  commuted 
on  the  present  worth  thereof  at  five  per  cent  per  annum  to  one  or  more 
lump  sum  payments,  and  that  such  payments  shall  be  made  by  the 
employer  or  the  insurance  company  carrying  such  risk  or  commissioner 
of  insurance  as  the  case  may  be. 


PABT  III. 

PROCEDURE. 

SECTION  1.  There  is  hereby  created  a  board  which  shall  be  known 
as  the  Industrial  Accident  Board,  consisting  of  three  members  to  be 
appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  one  of  whom  shall  be  designated  by  the  Governor  as  chairman. 
The  term  of  office  of  members  of  this  board  shall  be  six  years,  except 


48 


EMPLOYERS'    LIABILITY    AND 


that  when  first  constituted  one  member  shall  be  appointed  for  two  years, 
one  for  four  years,  and  one  for  six  years.  Thereafter  one  member  shall 
be  appointed  every  second  year  for  the  full  term  of  six  years. 

SEC.  2.  The  salary  of  the  chairman  shall  be  five  thousand  dollars  a 
year,  and  the  salary  of  each  of  the  other  two  members  so  appointed 
by  the  Governor  shall  be  four  thousand  five  hundred  dollars  per  year. 
I'he  board  may  appoint  a  secretary  at  a  salary  of  not  more  than  three 
thousand  dollars  a  year,  and  may  remove  him,  The  board  shall  be 
provided  with  an  office  in  the  Capitol,  or  in  some  other  suitable  build- 
ing in  the  city  of  Lansing,  in  which  its  records  shall  be  kept,  and  it 
shall  also  be  provided  with  necessary  office  furniture,  stationery  and 
other  supplies.  It  shall  provide  itself  with  a  seal  for  the  authentication 
of  its  orders,  awards  and  proceedings,  upon  which  shall  be  inscribed  the 
words  "Industrial  Accident  Board — Michigan — Seal."  It  shall  employ 
such  assistants  and  clercial  help  as  it  may  deem  necessary  and  fix  the 
compensation  of  all  persons  so  employed.  The  members  of  the  board 
and  its  assistants  shall  be  entitled  to  receive  from  the  State  their  actual 
and  necessary  expenses  while  traveling  on  the  business  of  the  board; 
but  such  expenses  shall  be  sworn  to  by  the  person  who  incurred  the 
same,  and  be  approved  by  the  chairman  of  the  board  before  payment  is 
made.  All  such  salaries  and  expenses  of  said  Board  and  its  assistants 
authorized  by  this  act  shall  be  audited  and  paid  out  of  the  general 
funds  of  the  State,  the  same  as  other  general  State  expenses  are  audited 
and  paid. 

SEC.  3.  The  Board  may  make  rules  not  inconsistent  with  this  act  for 
carrying  out  the  provisions  of  the  act.  Process  and  procedure  under 
this  act  shall  be  as  summary  as  reasonably  may  be.  The  board  or  any 
member  thereof  shall  have  the  power  to  administer  oaths,  subpoena 
witnesses  and  to  examine  such  parts  of  the  books  and  records  of  the 
parties  to  a  proceeding  as  relate  to  questions  in  dispute. 

SEC.  4.  The  Board  shall  cause  to  be  printed  and  furnish  free  of  charge 
to  any  employer  or  employe  such  blank  forms  as  it  shall  deem  requisite 
to  facilitate  or  promote  the  efficient  administration  of  this  act;  it  shall 
provide  a  proper  record  book  in  which  shall  be  entered  and  indexed 
the  name  of  any  employer  who  shall  file  a  statement  of  election  under 
this  act,  and  the  date  of  the  filing  thereof  and  its  approval  by  such 
board,  and  a  separate  book  in  which  shall  be  entered  and  indexed  the 
jiame  of  every  employer  who  shall  file  his  notice  of  withdrawal  of  said 
election,  and  the  date  of  the  filing  thereof;  and  books  in  which  shall 
be  recorded  all  orders  and  awards  made  by  the  board;  and  such  other 
books  or  records  as  it  shall  deem  required  by  the  proper  and  efficient 
administration  of  this  act;  all  such  records  to  be  kept  in  the  office 
of  the  board.  Upon,  the  filing  of  a  statement  of  election  by  an  employer 
to  become  subject  to  the  provisions  of  this  act,  the  board  shall  forth- 
with cause  such  notice  of  the  fact  to  be  given  by  requiring  said  employer 
to  post  such  notice  as  hereinbefore  provided;  and  the  board  shall  like- 
wise cause  notice  to  be  given  of  the  filing  of  any  withdrawal  of  such 
election;  but  notwithstanding  the  failure  to  give,  or  the  insufficiency  of, 
any  such  notice,  knowledge  of  all  filed  statements  of  election  and  notices 
of  withdrawal  of  election,  and  of  the  time  of  the  filing  of  the  same, 
shall  conclusively  be  imputed  to  all  employes. 

SEC.  5.     If  the  employer   (or  the  insurance  company  carrying  such 


WORKMEN'S    COMPENSATION    COMMISSION.  49 

risk  or  commissioner  of  insurance  as  the  case  may  be)  and  the  injured 
employe  reach  an  agreement  in  regard  to  compensation  under  this  act, 
a  memorandum  of  such  agreement  shall  be  filed  with  the  Industrial  Acci- 
dent Board,  and,  if  approved  by  it,  shall  be  deemed  final  and  binding 
upon  the  parties  thereto.  Such  agreements  shall  be  approved  by  said 
board  only  when  the  terms  conform  to  the  provisions  of  this  act. 

SEC.  6.  If  the  employer  (or  the  insurance  company  carrying  such 
risk  or  the  commissioner  of  insurance  as  the  case  may  be)  and  the 
employe  fail  to  reach  an  agreement  in  regard  to  compensation  under 
this  act,  either  party  may  notify  the  Industrial  Accident  Board,  who 
shall  thereupon  call  for  the  formation  of  a  committee  of  arbitration. 
The  committee  of  arbitration  shall  consist  of  three  members,  one  whom 
shall  be  a  member  of  the  Industrial  Accident  Board,  and  shall  act  as 
chairman.  The  other  two  members  shall  be  named  respectively  by  the 
two  parties. 

SEC.  7.  It  shall  be  the  duty  of  the  Industrial  Accident  Board,  upon 
notification  that  the  parties  have  failed  to  reach  an  agreement,  to  request 
both  parties  to  appoint  their  respective  representatives  on  the  committee 
of  arbitration.  The  board  shall  designate  one  of  its  members  to  act 
as  chairman,  and,  if  either  party  does  not  appoint  its  member  on  this 
committee  within  seven  days  after  notification,  as  above  provided,  the 
Board  or  any  member  thereof  shall  fill  the  vacancy  and  notify  the 
parties  to  that  effect. 

SEC.  8.  The  committee  of  arbitration  shall  make  such  inquiries  and 
investigations  as  it  shall  deem:  necessary.  The  hearings  of  the  commit- 
tee shall  be  held  at  the  locality  where  the  injury  occurred,  and  the 
decision  of  the  committee  shall  be  filed  with  the  Industrial  Accident 
Board.  Unless  a  claim;  for  a  review  is  filed  by  either  party  within  seven 
days,  the  decision  shall  stand  as  the  decision  of  the  Industrial  Accident 
Board. 

SEC.  9.  The  Industrial  Accident  Board  or  any  member  thereof  may 
appoint  a  duly  qualified  impartial  physician  to  examine  the  injured 
employe  and  to  report.  The  fee  for  this  service  shall  be  five  dollars  and 
traveling  expenses,  but  the  board  may  allow  additional  reasonable 
amounts  in  extraordinary  cases. 

SEC.  10.  The  arbitrators  named  by  or  for  the  parties  to  the  dispute 
shall  each  receive  five  dollars  a  day  for  his  services,  but  the  Industrial 
Accident  Board  or  any  member  thereof  may  allow  additional  reason- 
able amounts  in  extraordinary  cases.  The  fees  of  such  arbitrators  and 
other  costs  of  such  arbitration,  not  exceeding,  however,  the  taxable 
costs  allowed  in  suits  at  law  in  the  circuit  courts  of  this  State,  shall  be 
fixed  by  the  board  and  paid  by  the  State  as  the  other  expenses  of  the 
Board  are  paid.  The  fees  and  the  payment  thereof  of  all  attorneys 
and  physicians  for  services  under  this  act  shall  be  subject  to  the  ap- 
proval of  the  Industrial  Accident  Board. 

SEC.  11.  If  a  claim  for  review  is  filed,  as  provided  in  Part  III,  Sec- 
tion 8,  the  Industrial  Accident  Board  shall  promptly  review  the  decision 
of  the  committee  of  arbitration  and  such  records  as  may  have  been 
kept  of  its  hearings,  and  shall  also  if  desired  hear  the  parties,  together 
with  such  additional  evidence  as  they  may  wish  to  submit,  and  fille  its 
decision  therein  with  the  records  of  such  proceedings.  Such  review  and 
7 


50  EMPLOYERS'    LIABILITY    AND 

hearing  may  be  held  in  its  office  at  Lansing  or  elsewhere  as  the  Board 
shall  deem  advisable. 

SEC.  12.  The  findings  of  fact  made  by  said  Industrial  Accident  Board 
acting  within  its  powers,  shall,  in  the  absence  of  fraud,  be  conclusive, 
but  the  Supreme  Court  shall  have  power  to  review  questions  of  law  in- 
volved in  any  final  decision  or  determination  of  said  Industrial  Accident 
Board,  provided  that  application  is  made  by  the  aggrieved  party  within 
thirty  days  after  such  determination  by  certiorari,  mandamus  or  by 
any  other  method  permissible  under  the  rules  and  practice  of  said  court 
or  the  laws  of  this  State,  and  to  make  such  further  orders  in  respect 
thereto  as  justice  may  require. 

SEC.  13.  Either  party  may  present  a  certified  copy  of  the  decision 
of  such  Industrial  Accident  Board  approving  agreements  of  settlement 
as  provided  in  Part  III,  Section  5  hereof,  or  of  the  decision  of  such  com- 
mittee of  arbitration  when  no  claim  for  review  is  made  as  provided  in 
Part  III,  Section  8,  or  of  the  decision  of  such  Industrial  Accident 
Board  when  a  claim  for  review  is  filed  as  provided  in  Part  III,  Section 
11,  providing  for  payment  of  compensation  under  this  act,  to  the  Cir- 
cuit Court  for  the  County  in  which  such  accident  occurred,  whereupon 
said  court  shall,  without  notice,  render  a  judgment  in  accordance  there- 
with against  said  employer  and  also  against  any  insurance  company 
carrying  such  risk  under  the  provisions  of  this  act;  which  judgment, 
until  and  unless  set  aside  shall  have  the  same  effect  as  though  duly 
rendered  in  an  action  duly  tried  and  determined  by  said  court,  and 
shall,  with  like  effect,  be  entered  and  docketed. 

SEC.  14.  Any  weekly  payment  under  this  act  may  be  reviewed  by 
the  Industrial  Accident  Board  at  the  request  of  the  employer  (or  the 
insurance  company  carrying  such  risks  or  the  commissioner  of  insur- 
ance as  the  case  may  be)  or  of  the  employe;  and  on  such  review  it  may 
be  ended,  diminished  or  increased,  subject  to  the  maximum  and  mini- 
mum amounts  above  provided,  if  the  board  finds  that  the  facts  warrants 
such  action. 

SEC.  15.  If  the  committee  of  arbitration,  Industrial  Accident  Board, 
or  any  court  before  whom  any  proceedings  are  brought  under  this  act 
determines  that  such  proceedings  have  been  brought,  prosecuted,  or  de- 
fended without  reasonable  ground,  it  shall  assess  the  whole  cost  of 
the  proceedings  upon  the  party  who  has  so  brought,  prosecuted  or  de- 
fended them,  and  in  case  such  costs  are  assessed  against  any  employe, 
may  deduct  same  from  any  compensation  awarded  under  this  act. 

SEC.  16.  Where  the  injury  for  which  compensation  is  payable  under 
this  act  was  caused  under  circumstances  creating  a  legal  liability  in  some 
person  other  than  the  employer  to  pay  damages  in  respect  thereof,  the 
employe  may  at  his  option  proceed  either  at  law  against  that  person  to 
recover  damages,  or  against  the  employer  for  compensation  under  this 
act,  but  not  against  both,  and  if  compensation  be  paid  under  this  act 
the  employer  may  enforce  for  his  benefit  or  for  that  of  the  insurance 
company  carrying  such  risk  or  the  commissioner  of  insurance,  as  the 
case  may  be,  the  liability  of  such  other  person. 

SEC.  17.  All  questions  arising  under  this  act,  if  not  settled  by  agree- 
ment by  the  parties  interested  therein,  shall,  except  as  otherwise  herein 
provided,  be  determined  by  the  Industrial  Accident  Board. 

SEC.  18.    Every  employer  shall  hereafter  keep  a  record  of  all  injuries, 


WORKMEN'S    COMPENSATION    COMMISSION.  51 


fatal  or  otherwise,  received  by  his  employes  in  the  course  of  their  em- 
ployment. Within  ten  days  after  the  occurrence  of  an  accident  result- 
ing in  personal  injury  a  report  thereof  shall  be  made  in  writing  to 
the  Industrial  Accident  Board  on  blanks  to  be  procured  from  the  Board 
for  that  purpose.  The  said  reports  shall  contain  the  name  and  nature 
of  the  business  of  the  employer,  the  location  of  his  establishment  or 
place  of  work,  the  name,  age,  sex  and  occupation  of  the  injured  employe, 
and  shall  state  the  time,  the  nature  and  cause  of  the  injury,  and  such 
other  information  as  may  be  required  by  the  Board.  Any  employer 
who  refuses  or  neglects  to  make  the  report  required  by  this  section 
shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars  for  each 
offense. 


PART  IV. 

METHODS  OF  PAYMENT. 

SECTION  1.  Every  employer  filing  his  election  to  become  subject  to 
the  provisions  of  this  act,  as  hereinbefore  set  forth,  shall  have  the  right 
to  specify  at  the  time  of  doing  so,  subject  to  the  approval  of  said  In- 
dustrial Accident  Board,  which  of  the  following  methods  for  the  pay- 
ment of  such  compensation  he  desires  to  adopt,  to  wit: 

First.  Upon  furnishing  satisfactory  proof  to  said  board  of  his  solvency 
and  financial  ability  to  pay  the  compensation  and  benefits  hereinbefore 
provided  for,  to  make  such  payments  directly  to  his  employes,  as  they 
may  become  entitled  to  receive  the  same  under  the  terms  and  conditions 
of  this  act;  or 

Second.  To  insure  against  such  liability  in  any  employers'  liability 
company  authorized  to  take  such  risks  in  the  State  of  Michigan;  or 

Third.  To  insure  against  such  liability  in  an  employers'  insurance 
association  organized  as  provided  in  Part  V  hereof;  or 

Fourth.  To  request  the  commissioner  of  insurance  of  the  State  of 
Michigan  to  assume  the  administration  of  the  disbursement  of  such 
compensation  exclusive  of  that  provided  for  in  Part  II,  Section  4  herein 
and  the  collection  of  the  premiums  and  assessments  necessary  to  pay 
the  same,  as  provided  in  Part  VI  hereof. 

Said  Board,  however,  shall  have  the  right,  from  time  to  time,  to 
review  and  alter  its  decision  in  approving  the  election  of  such  employer 
to  adopt  any  one  of  the  foregoing  methods  of  payment,  if  in  its  judg- 
ment such  action  is  necessary  or  desirable  to  secure  and  safeguard  such 
payments  to  employes. 

SEC.  2.  Nothing  herein  shall  affect  any  existing  contract  for  em- 
ployers' liability  insurance  or  affect  the  organization  of  any  mutual  or 
other  insurance  company,  or  any  arrangement  now  existing  between  em- 
ployers and  employes,  providing  for  the  payment  to  such  employes,  their 
families,  dependents  or  representatives,  sick,  accident  or  death  benefits, 
in  addition  to  the  compensation  provided  for  by  this  act.  But  liability 
for  compensation  under  this  act  shall  not  be  reduced  or  affected  by  any 
insurance,  contribution  or  other  benefit  whatsoever,  due  to  or  received 
by  the  person  entitled  to  such  compensation,  and  the  person  so  entitled 
shall,  irrespective  of  any  insurance  or  other  contract,  have  the  right 


52  EMPLOYERS'    LIABILITY    AND 

to  recover  the  same  directly  from  the  employer;  and  in  addition  thereto, 
the  right  to  enforce  in  his  own  name,  in  the  manner  provided  in  this 
act,  the  liability  of  any  insurance  company  or  of  any  employers'  associa- 
tion organized  "under  the  provisions  of  Part  V  hereof,  or  the  commis- 
sioner of  insurance,  who  may,  in  whole  or  in  part,  have  insured  the 
liability  for  such  compensation :  Provided,  however,  That  payment  in 
whole  or  in  part  of  such  compensation  by  either  the  employer  (or  the 
insurance  company  carrying  such  risk  or  the  commissioner  of  insur- 
ance as  the  case  may  be)  shall,  to  the  extent  thereof,  be  a  bar  to  re- 
covery against  the  other,  of  the  amount  so  paid. 

SEC.  3.  Every  contract  for  the  insurance  of  the  compensation  herein 
provided  for,  or  against  liability  therefore,  shall  be  deemed  to  be  made 
subject  to  the  provisions  of  this  act,  and  provisions  thereof  inconsist- 
ent with  this  act  shall  be  void.  No  company  shall  enter  into  any  such 
contract  for  insurance  unless  such  company  shall  have  been  approved 
by  the  commissioner  of  insurance,  as  provided  by  law. 

.  SEC.  4.  Any  employer  against  whom  liability  may  exist  for  com- 
pensation under  this  act  may,  with  the  approval  of  the  Industrial  Acci- 
dent Board,  be  relieved  therefrom  by: 

1.  Depositing  the  present  value  of  the  total  unpaid  compensation 
for  which  such  liability  exists,  assuming  interest  at  three  per  centum 
per  annum,  with  such  trust  company  of  this  State  as  shall  be  designated 
by  the  employe  (or  by  his  dependents,  in  case  of  his  death,  and  such 
liability  exists  in  their  favor),  or  in  default  of  such  designation  by  him 
(or  them)  after  ten  days'  notice  in  writing  from  the  employer,  with  such 
trust  company  of  this  State  as  shall  be  designated  by  the  Industrial 
Accident  Board;  or 

2.  By  the  purchase  of  an  annuity,  within  the  limitations  provided  by 
law,  in  any  insurance  company  granting  annuities  and  licensed  in  this 
State,  which  may  be  designated  by  the  employe,   or  his  dependents, 
or  the  Industrial  Accident  Board,  as  provided  in  subsection  1  of  this 
Section. 

PART  V. 

EMPLOYERS^    INSURANCE    ASSOCIATIONS. 

SECTION  1.  Any  number  of  persons,  firms,  partnership  associations 
or  corporations,  not  less  than  five,  who  have  become  subject  to  the  pro- 
visions of  this  act,  and  who  own  or  operate  mills,  factories,  manufac- 
turing establishments  of  any  and  every  kind,  buildings,  stores,  hotels 
and  mercantile  establishments,  or  any  combination  of  manufacturing 
and  mercantile  business,  mines,  quarries,  blast  furnaces,  railroads  and 
transportation  companies,  telegraph  and  telephone  companies,  or  who 
are  engaged  in  the  production  or  supplying  of  gas  and  electricity  for 
lighting,  fuel,  power,  or  other  purposes ;  printing,  publishing  and  book- 
making,  or  in  carrying  on  any  other  lawful  business  in  the  State  of 
Michigan,  may,  subject  to  the  approval  of  said  Industrial  Accident 
Board,  associate  together  and  form  an  incorporated  company  for  the 
purpose  of  mutual  insurance  of  its  members  against  liability  for  any 
and  all  payments  which  may  become  due  and  payable  to  their  employes 
under  the  provisions  of  this  act  for  death  benefits,  disability  benefits, 


WORKMEN'S    COMPENSATION    COMMISSION.  53 

or  otherwise,  as  hereinbefore  set  forth:  Provided,  however,  That  the 
persons,  firms  or  corporations  so  associating  themselves  together  for 
the  organization  of  such  company  shall  have  on  their  pay-rolls  at  that 
time  not  less  than  ten  thousand  employes:  And  provided  further,  That 
said  Industrial  Accident  Board  may,  in  its  discretion,  limit  the  em- 
ployers forming  or  joining  in  the  organization  of  any  such  company  to 
those  engaged  in  industrial  operations  of  the  same  general  character, 
or  in  operations  in  which  the  risks  and  hazards  incurred  by  their  em- 
ployes are  more  or  less  similar  in  nature  and  extent. 

SEC.  2.  Such  employers  so  associating  shall  prepare  in  duplicate, 
articles  of  association',  as  hereinafter  specified,  which  shall  first  be 
submitted  to  said  Industrial  Accident  Board  and  the  Commissioner  of 
Insurance  for  their  approval,  and  when  approved,  one  copy  thereof  shall 
be  filed  in  the  office  of  the  commissioner  of  insurance,  and  the  other 
copy  with  the  county  clerk  in  the  county  where  the  principal  office  of 
such  company  will  be  maintained.  Such  articles  of  association  shall  be 
signed  by  all  the  in  corporators,  and  shall  be  acknowledged  by  them, 
or  by  their  duly  authorized  officers  or  agents,  before  some  officer  of  the 
State  duly  authorized  to  take  acknowledgment  of  deeds, 

SEC.  3.    Sucto  articles  of  association  shall  set  forth : 

First.  The  names  of  the  persons,  fi'rms,  partnership  associations  and 
corporations  associating  in  the  first  instance,  their  respective  residences, 
the  nature  of  the  business  in  which  they  are  engaged,  and  the  number 
of  persons  employed  therein  by  each  of  them. 

Second.  That  each  and  all  of  such  incorporators  have  elected,  with 
the  approval  of  their  Industrial  Accident  Board,  to  become  subject  to 
the  provisions  of  this  act,  and  are  forming  this  corporation  for  the  pur- 
pose of  mutually  insuring  their  members  against  liability  for  any  and 
all  payments  which  may  become  due  and  payable  to  their  employes 
under  the  provisions  of  this  act. 

Third.     The  name  by  which  such  corporation  shall  be  known. 

Fourth.  The  period  for  which  the  company  is  incorporated,  which 
shall  not  exceed  thirty  (SO1)  years. 

Fifth.  The  number  of  directors,  which  shall  be  not  less  than  five 
(5),  nor  more  than  fifteen  (15),  and  the  names  of  the  directors  for 
the  first  year. 

Sixth.  "  The  place  where  the  office  of  the  company  shall  be  located, 
which  shall  be  within  the  State  of  Michigan. 

SEC.  4.  Any  company  formed  under  this  act  shall  be  deemed  a  party 
corporate  and  politic  in  fact  and  in  name,  and  shall  be  subject  to  all 
the  provisions  of  the  statutes  in  relation  to  corporations,  so  far  as  they 
are  applicable. 

SEC.  5.  The  incorporators  of  any  company  organized  under  this  act 
shall  have  power  to  make  such  by-laws  not  inconsistent  with  the  con- 
stitution or  laws  of  this  State,  as  may  be  deemed  necessary  for  the 
government  of  its  officers  and  members,  and  the  conduct  of  its  affairs, 
the  admission  of  new  members  and  regulations  governing  the  assessment 
and  collection  of  premiums  and  assessments;  but  such  by-laws  shall 
not  become  operative  until  a  true  copy  thereof  shall  have  been  filed 
with  and  approved  by  said  Industrial  Accident  Board. 

SEC.  6.  Upon  the  approval  of  the  articles  of  association  of  such 
company  by  said  Industrial  Accident  Board  and  the  commissioner  of  in- 


54  EMPLOYERS'    LIABILITY    AND 

surance,  and  upon  filing  the  same  with  the  commissioner  of  insurance 
and  with  the  county  clerk  of  the  county  where  the  principal  office  of 
said  company  will  be  kept,  the  commissioner  of  insurance  shall  grant 
a  license  to  such  company  to  issue  policies. 

SEC.  7.  The  board  of  directors  shall  determine  the  amount  of  the 
premiums  of  assessments  which  the  members  of  such  company  shall  pay 
for  such  insurance,  in  accordance  with  the  nature  of  the  business  in 
which  they  are  engaged,  and  the  probable  risk  of  injury  to  their  em- 
ployes under  existing  conditions.  The  board  may  also  prescribe  when 
and  in  what  manner  such  premiums  shall  be  paid,  and  may  change  the 
amount  thereof  both  in  respect  to  any  or  all  of  its  members  from  time 
to  time,  as  circumstances  may  require  and  the  conditions  of  their  re- 
spective plants,  establishments  or  places  of  work  in  respect  to  the  safety 
of  their  employes  may  justify,  but  all  such  premiums  or  assessments 
shall  be  levied  on  a  basis  that  shall  be  fair,  equitable  and  just  as  among 
such  members;  and  it  shall  be  the  duty  of  such  board  of  directors  to 
call  for  the  required  payment  of  premiums  in  such  amounts  as  shall, 
in  their  judgment,  and  subject  to  the  approval  of  said  Industrial  Ac- 
cident Board,  be  sufficient  to  enable  such  company  to  pay  all  sums  which 
may  become  due  and  payable  to  the  employes  of  any  of  its  members 
under  the  provisions  of  this  act,  and  also  the  expenses  of  conducting  its 
business. 

SEC.  8.  The  company  shall  in  its  by-laws  and  policies  fix  the  con- 
tingent mutual  liability  of  its  members  for  the  payment  of  losses  and 
expenses  not  provided  for  by  its  cash  funds.  Such  contingent  liability 
of  a  member  shall  not  be  less  than  an  amount  equal  to  the  liability  im- 
posed by  this  act. 

SEC.  9.  If  the  company  is  not  possessed  of  cash  funds  so  that  it  has 
unearned  premiums  sufficient  for  the  payment  of  incurred  losses  and 
expenses,  it  shall  make  an  assessment  for  the  amount  needed  to  pay 
such  losses  and  expenses  upon  the  members  liable  to  assessment  there- 
for in  proportion  to  their  several  liability.  Every  member  shall  pay 
his  proportional  part  of  any  assessment  which  may  be  laid  by  the  board 
of  directors,  in  accordance  with  the  law  and  his  contract,  on  account  of 
injuries  sustained  and  expenses  incurred  while  he  is  a  member  of  such 
company. 

SEC.  10.  The  board  of  directors  may,  from  time  to  time,  by  vote, 
fix  and  determine  the  amount  to  be  paid  as  a  dividend  upon  policies 
expiring  during  each  year  after  retaining  sufficient  sums  to  pay  all  the 
compensation  which  may  be  payable  on  account  of  injuries  sustained 
and  expenses  incurred.  All  premiums,  assessments  and  dividends  shall 
be  fixed  and  determined  in  accordance  with  the  experience  of  said  com- 
pany, but  all  the  funds  of  the  company,  and  the  contingent  liability 
of  all  the  members  thereof,  shall  be  available  for  the  payment  of  any 
claim  against  the  company. 

SEC.  11.  Any  proposed  premium  or  assessment  required  of,  or  any 
dividend  or  distribution  made  to  the  members,  shall  be  filed  with  the 
Industrial  Accident  Board,  and  shall  not  take  effect  until  approved 
by  said  board  after  such  investigation  as  it  may  deem  necessary. 

SEC.  12.  The  board  of  directors  may  make  and  enforce  reasonable 
rules  and  regulations,  not  in  conflict  with  the  laws  of  this  State,  for  the 
prevention  of  injuries  on  the  premises  of  members,  and  for  this  pur- 


WORKMEN'S    COMPENSATION    COMMISSION.  55 

pose  the  inspectors  of  the  company  shall  have  free  access  to  all  such  prem- 
ises during  regular  working  hours.  Any  member  neglecting  to  provide 
suitable  safety  appliances  as  provided  by  law  or  as  required  by  the 
board  of  directors  may  be  expelled  by  a  majority  vote  of  all  the  mem- 
bers. Any  member,  or  employe  of  any  member,  aggrieved  by  any  such 
rule  or  regulation,  may  petition  the  Industrial  Accident  Board  for 
review,  and  it  may  affirm,  amend  or  annul  the  rule  or  regulation. 

SEC.  13.  Any  member  of  said  company,  who  has  complied  with  all 
its  rules,  regulations  and  demands,  may  withdraw  therefrom  at  the 
expiration  of  the  period  of  one  year  for  which  he  has  elected  to  become 
subject  to  the  provisions  of  this  act:  Provided,  however,  That  he  shall 
give  written  notice  of  such  withdrawal  to  said  company  at  least  thirty 
days  before  the  expiration  of  such  period,  and  provided  further  that 
if  at  the  time  of  such  withdrawal  liability  may  exist  against  such  mem- 
ber and  against  said  company  for  compensation  to  employes  who  have 
been  theretofore  killed  or  injured  as  hereinbefore  provided,  such  mem- 
ber shall  either  relieve  himself  and  said  company  from  such  liability  in 
the  manner  provided  in  Part  IV,  Section  4  of  this  act,  or  shall  other- 
wise protect  and  indemnify  said  company  against  such  liability  in  such 
reasonable  manner  as  may  be  required  by  the  board  of  directors. 

SEC.  14.  The  business  year  of  every  company  organized,  existing  or 
doing  business  in  this  State,  under  and  by  virtue  of  the  provisions  of 
this  act,  shall  close  on  the  31st  day  of  December  in  each;  year,  and  every 
such  company  shall  within  sixty  days  thereafter  prepare,  under  oath 
of  its  president  and  secretary,  and  file  in  the  office  of  the  Commissioner 
of  Insurance  of  this  State,  and  also  with  said  Industrial  Accident  Board, 
a  detailed  statement  showing  its  assets  and  how  invested,  liabilities, 
receipts  from  premiums,  and  all  other  sources,  an  itemized  account  of 
all  expenditures,  salaries  of  officers,  number  of  policies  or  certificates  in 
force,  amount  insured  thereby,  claims  paid,  and  amount  paid  on  each 
claim,  claims  reported  but  not  paid,  claims  contested  and  why,  and  shall 
answer  such  other  questions  as  the  Commissioner  of  Insurance  (who 
shall  furnish  blanks  for  that  purpose)  may  require,  in  order  to  ascertain 
its  true  financial  condition.  The  Commissioner  shall  publish  such 
annual  statements  in  detail  in  his  annual  report. 

SEC.  15.  If  any  officer  of  the  company  shall  falsely  make  oath  to  any 
certificate  required  to  be  filed  with  the  Insurance  Commissioner,  he 
shall  be  guilty  of  perjury. 

SEC.  16.  Any  such  company  formed  under  this  act  shall  have  power 
to  amend  its  articles  of  association  and  by-laws  at  its  regular  annual 
meeting  or  at  special  meetings  called  and  held  as  provided  in  its  by- 
laws, but  said  amendments  shall,  before  they  become  operative,  be  ap- 
proved and  filed  in  the  same  manner  as  the  original  articles  and  by- 
laws. 

SEC.  17.  Any  such  company  formed  under  this  act  shall  have  power 
to  own,  hold  and  acquire  such  real  and  personal  property  as  shall  be 
necessary  for  the  transaction  of  its  business. 

SEC.  18.  Any  company  formed  under  this  act  may  sue  and  be  sued 
in  any  court  of  law  or  equity,  with  the  same  rights  and  obligations  as 
a  natural  person,  and  in  addition  to  the  powers  hereinbefore  enumerated, 
shall  possess  and  exercise  all  such  rights  and  powers  as  are  necessarily 
incidental  to  the  exercise  of  the  powers  expressly  granted  herein. 


v  56  EMPLOYERS'    LIABILITY    AND 


PART  VI. 

ADMINISTRATION    BY    COMMISSIONER    OF    INSURANCE. 

SECTION  1.  Whenever  five  or  more  employers,  who  have  become  sub- 
ject to  the  provisions  of  this  act,  and  who  have  on  their  pay-rolls  an 
aggregate  number  of  not  less  than  ten  thousand  employes,  shall  in  writ- 
ing request  the  commissioner  of  insurance  so  to  do,  he  shall  assume 
charge  of  levying  and  collection  from  them  such  premium  and  dividends 
as  may  from,  time  to  time  be  necessary  to  pay  the  sums  which  shall 
become  due  their  employes,  or  dependents  of  their  employes,  as  com- 
pensation under  the  provisions  of  this  act,  and  also  the  expense  of  con- 
ducting the  administration  of  such  funds ;  and  shall  disburse  the  same 
to  the  persons  entitled  to  receive  such  compensation  under  the  pro- 
visions of  this  act:  Provided,  however,  That  neither  the  commissioner  of 
insurance  nor  the  State  of  Michigan  shall  become  or  be  liable  or  re- 
sponsible for  the  payment  of  claims  for  compensation  under  the  pro- 
visions of  this  act  beyond  the  extent  of  the  funds  so  collected  and  re- 
ceived by  him  as  hereinafter  provided. 

SEC.  2.  The  commissioner  of  insurance  shall  immediately  upon  assum- 
ing the  administration  of  the  collection  and  disbursement  of  the  moneys 
referred  to  in  the  preceding  section,  cause  to  be  created  in  the  State 
Treasurv  a  fund  to  be  known  as: 


ACCIDENT  FUND. 

As  accidents  occur  and  are  reported  from  time  to  time,  each  such  em- 
ployer shall  contribute  to  this  fund  to  the  extent  of  such  premiums  or 
assessments  as  the  commissioner  shall  deem  necessary  to  pay  the  com- 
pensation accruing  under  this  act  to  employes  of  such  employers  or  to 
their  dependents,  which  premiums  and  assessments  shall  be  levied  in  the 
manner  and  proportion  hereinafter  set  forth. 

SEC.  3.  It  is  the  intention  that  the  amounts  raised  for  such  fund 
shall  ultimately  become  neither  more  nor  less  than  self-supporting  and 
the  premiums  or  assessments  levied  for  such  purpose  shall  be  subject 
to  readjustment  from  time  to  time  by  the  commissioner  of  insurance 
as  may  become  necessary. 

SEC.  4.  The  commissioner  of  insurance  may  classify  the  establish- 
ments or  works  of  such  employers  in  groups  in  accordance  with  the 
nature  of  the  business  in  which  they  are  engaged  and  the  probable 
risk  of  injury  to  their  employes  under  existing  conditions.  He  shall 
determine  the  amount  of  the  premiums  or  assessments  which  such  em- 
ployers shall  pay  to  said  Accident  Fund,  and  may  prescribe  when  and 
in  what  manner  such  premiums  and  assessments  shall  be  paid,  and 
may  change  the  amount  thereof  both  in  respect  to  any  or  all  of  such 
employers  from  time  to  time,  as  circumstances  may  require,  and  the 
condition  of  their  respective  plants,  establishments  or  places  of  work 
in  respect  to  the  safety  of  their  employes  may  justify,  but  all  such  prem- 
iums or  assessments  shall  be  levied  on  a  basis  that  shall  be  fair,  equitable 


WORKMEN'S    COMPENSATION    COMMISSION.  57 

and  just  as  among  such  employers.  It  shall  be  the  duty  of  the  com- 
missioner of  insurance  to  call  for  the  required  payment  of  premiums 
in  such  amounts  as  shall,  in  his  judgment,  and  subject  to  the  approval 
of  said  Industrial  Accident  Board,  be  sufficient  to  enable  him  to  pay 
all  sums  which  may  become  due  and  payable  to  the  employes  of  any 
such  employer  who  has  become  subject  to  the  provisions  of  Part  VI 
of  this  act,  and  also  the  expenses  of  administering  such  funds. 

SEC.  5.  If  any  employer  shall  make  default  in  the  payment  of  any 
contribution,  premium  or  assessment  required  as  aforesaid  by  the  com- 
missioner of  insurance,  the  sum  due  shall  be  collected  by  an  action  at 
law  in  the  name  of  the  State  as  plaintiff,  and  such  right  of  action 
shall  be  in  addition  to  any  other  right  of  action  or  remedy.  In  case 
any  injury  happens  to  any  of  the  workmen  of  such  employer  during  the 
period  of  any  default  in  the  payment  of  any  such  premium,  assessment 
or  contribution,  the  defaulting  employer  shall  not,  if  such  default  be 
after  demand  for  payment,  be  entitled  to  the  benefits  of  this  act,  but 
shall  be  liable  to  suit  by  the  injured  workman  (or  by  his  dependents 
in  case  death  results  from  such  accident)  as  if  he  had  not  elected  to 
become  subject  to  this  act.  In  case,  however,  the  amount  actually  col- 
lected in  such  by  such  injured  workman,  or  his  dependents,  shall 
equal  or  exceed  the  compensation  to  which  the  plaintiff  therein  would 
be  entitled  under  this  act,  the  plaintiff  shall  not  be  paid  anything  out 
of  said  Accident  Fund.  If  the  said  amount  shall  be  less  than  such 
compensation  under  this  act,  the  Accident  Fund  shall  contribute  the 
amount  of  the  deficiency.  The  person  so  entitled  under  the  provisions 
of  this  section  shall  have  the  choice  (to  be  exercised  before  suit)  of 
proceeding  by  suit  or  taking  under  this  act.  If  such  person  shall  take 
under  this  act,  the  cause  of  action  against  the  employer  shall  be  as- 
signed to  the  State  for  the  benefit  of  the  Accident  Fund. 

SEC.  6.  Any  employer  subject  to  the  provisions  of  Part  VI  of  this 
act,  who  has  complied  with  all  the  rules,  regulations  and  demands  of 
the  Industrial  Accident  Board  and  the  Commissioner  of  Insurance, 
may  withdraw  therefrom  at  the  expiration  of  the  period  of  one  year  for 
which  he  has  elected  to  become  subject  to  the  provisions  of  this  act: 
Provided,  however,  That  he  shall  give  written  notice  of  such  withdrawal 
to  said  Commissioner  of  Insurance  at  least  thirty  days  before  the  ex- 
piration of  such  period:  And  provided  further,  That  if  at  the  time  of 
such  withdrawal  liability  may  exist  against  employer  for  compensa- 
tion to  employes  who  have  been  theretofore  killed  or  injured,  as  here- 
inbefore provided,  such  employer  shall  either  relieve  himself  and  the 
Commissioner  of  Insurance  from  such  liability  in  the  manner  provided 
in  Part  IV,  Section  4  of  this  act,  or  shall  otherwise  protect  and  in- 
demnify said  Commissioner  of  Insurance  against  such  liability  in  such 
reasonable  manner  as  he  may  require. 

SEC.  7.  In  case  any  controversy  shall  arise  between  the  commis- 
sioner of  insurance  and  any  employer  subject  to  the  provisions  of  Part 
VI  of  this  act,  relative  to  any  rule  or  regulation  adopted  by  said  com- 
missioner of  insurance,  or  any  decision  made  by  him  in  respect  to  the 
collection,  administration  and  disbursement  of  such  funds,  or  in  case 
any  controversy  shall  arise  between  any  employe  claiming  compensation 
under  the  provisions  of  this  act  and  said  commissioner  of  insurance, 
all  such  controversies  of  every  kind  and  nature  shall  be  subject  to  re- 


58      '  EMPLOYERS'    LIABILITY    AND 

view  in  like  manner  and  with  the  same  force  and  effect  in  all  respects, 
as  is  heretofore  provided  in  respect  to  differences  arising  through  the 
administration  of  such  funds  by  the  employer,  or  by  a  liability  insurance 
company  or  by  an  employers'  mutual  insurance  association. 

SEC.  8.  The  books,  records  and  payrolls  of  each  employer  subject 
to  the  provisions  of  Part  VI  of  this  act  shall  always  be  open  to  inspec- 
tion by  the  Commissioner  of  Insurance,  or  his  duly  authorized  agent  or 
representative,  for  the  purpose  of  ascertaining  the  correctness  of  the 
amount  of  the  pay-roll  reported,  the  number  of  men  employed,  and  such 
other  information  as  said  Commissioner  may  require  in  the  administra- 
tion of  said  funds.  Refusal  on  the  part  of  any  such  employer  to  sub- 
mit said  books,  records  and  pay-rolls,  for  such  inspection,  shall  subject 
the  offending  employer  to  a  penalty  of  fifty  dollars  for  each  offense,  to 
be  collected  by  civil  action  in  the  name  of  the  State  and  paid  into  the 
Accident  Fund,  and  the  individual  who  shall  personally  give  such  re- 
fusal shall  be  guilty  of  a  misdemeanor. 

SEC.  9.  The  Commissioner  of  Insurance  shall  issue  proper  receipts 
for  all  moneys  so  collected  and  received  from  employers,  as  aforesaid, 
shall  take  receipts  for  all  sums  paid  to  employers  for  compensation 
under  the  provisions  of  this  act,  and  shall  keep  full  and  complete  records 
of  all  business  transacted  by  him  in  the  administration  of  such  funds. 
He  may  employ  such  deputies  and  assistants  and  clerical  help  as  may 
be  necessary  for  the  proper  administration  of  said  funds  and  the 
performance  of  the  duties  imposed  upon  him  by  the  provisions  of  this 
act  and  may  fix  their  compensation,  and  may  also  remove  them.  The 
commissioner  of  insurance  and  such  deputies  and  assistants  shall  be 
entitled  to  receive  from  the  State  their  actual  and  necessary  expenses 
while  traveling  on  the  business  of  the  board,  but  all  such  salaries  and 
expenses  so  authorized  by  the  provisions  of  this  act  shall  be  charged 
to  and  paid  out  of  said  Accident  Fund.  He  shall  include  in  his  annual 
report  a  full  and  correct  statement  of  the  administration  of  suchi  fund, 
showing  its  financial  status  and  outstanding  obligations,  the  claims 
and  the  amount  paid  on  each  claim,  claims  not  paid,  claims  contested 
and  why,  and  general  statistics  in  respect  to  all  business  transacted 
by  him  under  the  provisions  of  this  act. 

SEC.  10.  Disbursements  from  said  Accident  Fund  shall  be  made  only 
upon  warrants  approved  by  the  State  Board  of  Auditors  upon  vouchers 
therefor  transmitted  to  them  by  the  commissioner  of  insurance.  If  at 
any  time  there  shall  not  be  sufficient  money  in  said  fund  wherewith  to 
pay  the  same,  the  employer  on  account  of  whose  workmen  it  was  that 
such  warrant  was  drawn  shall  pay  the  same,  and  he  shall  be  credited 
upon  his  next  following  contribution  to  such  fund  the  amount  so  paid, 
with  interest  thereon  at  the  legal  rate,  from;  the  date  of  such  payment 
to  the  date  such  next  following  contribution  becomes  payable,  and  if 
the  amount  of  the  credit  shall  exceed  the  amount  of  the  contribu- 
tion, he  shall  be  repaid  such  excess.' 

SEC.  11.  If  this  act  shall  be  thereafter  repealed,  all  moneys  which 
are  in  the  Accident  Fund  at  the  time  of  such  repeal  shall  be  subject 
to  disposition  under  the  direction  of  the  Circuit  Court  for  the  county 
of  Ingham,  with  due  regard,  however,  to  the  obligation  incurred  and 
existing  to  pay  compensation  under  the  provisions  of  this  act. 


WORKMEN'S    COMPENSATION    COMMISSION.  59 


PART  VII. 

MISCELLANEOUS  PROVISIONS. 

SECTION  1.  If  the  employe  (or  Ms  dependents,  in  case  of  his  death) 
of  any  employer  subject  to  the  provisions  of  this  act  files  any  claim 
with,  or  accepts  any  payment  from  such  employer,  or  any  insurance 
company  carrying  such  risks,  or  from  the  commissioner  of  insurance 
on  account  of  personal  injury,  or  makes  any  agreement,  or  submits  any 
question  to  arbitration  under  this  act,  such  action  shall  constitute  a  re- 
lease to  such  employer  of  all  claims  or  demands  at  law,  if  any,  arising 
from  such  injury. 

SEC.  2.  If  the  provisions  of  this  act  relating  to  compensation  for  in- 
juries to  or  death  of  workmen  shall  be  repealed  or  adjudged  invalid  or 
unconstitutional,  the  period  intervening  between  the  occurrence  of  an 
injury  or  death  and  such  repeal,  or  the  final  adjudication  of  invalidity, 
shall  not  be  computed  as  a  part  of  the  time  limited  by  law  for  the  com- 
mencement of  any  action  relating  to  such  injury  or  death,  but  the 
amount  of  any  compensation  which  may  have  been  paid  for  any  such 
injury  shall  be  deducted  from  any  judgment  for  damages  recovered  on 
account  of  such  injury. 

SEC.  3.  This  act  shall  not  affect  any  cause  of  action  existing  or  pend- 
ing before  it  went  into  effect. 

SEC.  4.  The  provisions  of  this  act  shall  apply  to  employers  and  work- 
men engaged  in  intrastate  commerce,  and  also  to  those  engaged  in 
interstate  or  foreign  commerce,  for  whom  a  rule  of  liability  or  method 
of  compensation  has  been  or  may  be  established  by  the  Congress  of  the 
United  States,  only  to  the  extent  that  their  mutual  connection  with  in- 
trastate work  may  and  shall  be  clearly  separable  and  distinguishable 
from  interstate  or  foreign  commerce,  except  that  any  such  employer 
and  any  of  his  workmen  working  only  in  this  State,  may,  subject  to 
the  approval  of  the  Industrial  Accident  Board,  and  so  far  as  not  for- 
bidden by  any  act  of  Congress,  voluntarily  accept  and  become  bound 
by  the  provisions  of  this  act  in  like  manner  and  with  the  same  force 
and  effect  in  all  respects,  as  is  hereinbefore  provided  for  other  employ- 
ers and  their  workmen. 

SEC.  5.  All  acts  or  parts  of  acts  inconsistent  with  this  act  are  to 
be  deemed  replaced  by  this  act,  and  to  that  end  are  hereby  repealed. 

SEC.  6.  The  legislature  intends  that  Part  V  of  this  act  and  P'art  VI 
of  this  act  shall  each  be  deemed  separable  parts  thereof  and  from  each 
other,  so  that  said  Part  V  and  said  Part  VI,  or  either  of  them,  may 
fail  or  be  adjudged  invalid  or  unconstitutional,  without  in  any  way 
affecting  any  other  part  of  this  act. 

SEC.  7.  The  provisions  of  this  act  shall  take  effect  and  be  in  force 
six  months  from  and  after  the  date  on  which  the  same  became  a  law. 


60  EMPLOYERS'    LIABILITY    AND 

The  Commission,  having  conducted  the  investigation  detailed  above, 
prepared  and  herewith  submits  a  full  report  of  its  inquiries  and  its  con- 
clusions thereon  and  presents  the  foregoing  form  of  a  law,  which  in 
its  unanimous  opinion  will  meet  the  requirements  of  this  subject  in 
Michigan. 

Respectfully  submitted, 

HAL  H.  SMITH. 

CHARLES  R.  SLIGH. 

WILLIAM  P.  BELDEN. 

MICHAEL  P.  McCUEX. 

OR  A  E.  REAVES. 


WORKMEN'S    COMPENSATION    COMMISSION.  61 


MICHIGAN 

EMPLOYERS'    LIABILITY   AND 

WORKMEN'S    COMPENSATION    COMMISSION 

813    FORD    BUILDING 


Hal  H.  Smith,  Detroit,  Chairman 

C.  R.  Sligh,  Grand  Rapids,  Vice-Chalrman 

Michael  P.  McCuen,  Grand  Rapids 

William  P.  Belden,  Ishpeming 

Ora  E.  Reaves,  Jackson 

Richard  L.  Drake,  Secretary 

Detroit,  Michigan,  December  15,  1911. 

Hon.  Hal  H.  Smith,  Chairman  Michigan  Employers'  Liability  and  Work- 
men's Compensation  Commission,  Detroit  Mich.: 

Dear  Sir: — On  the  pages  following  will  be  found  a  summary  of  the 
meetings  held  by  the  members  of  the  commission,  additional  tables 
relating  to  accidents  in  the  industrial  field,  an  account  of  the  results 
accomplished  by  the  investigators  employed  by  the  commission,  the 
forms  used  by  them  in  their  search  for  accidents  in  the  mines,  the  agri- 
cultural and  industrial  centers;  you  will  find  also  the  question  blanks 
sent  out  from  the  offices  of  the  commission,  and  a  financial  statement 
of  the  secretary,  the  bills  having  been  regularly  audited  and  allowed  by 

the  proper  authorities. 

Yours  very  truly, 

RICHARD  L.  DRAKE, 

Secretary. 


APPENDICES 


APPENDIX  I. 

MEETINGS  OF  THE   COMMISSION. 

LANSING,  MICH.,  JUNE  17,  1911. 

The  first  meeting  of  the  Employers'  Liability  and  Workmen's 
pensation  Commission,  for  the  purpose  of  organization,  was  held  in  the 
Governor's  room  in  the  State  Capitol  at  Lansing,  and  was  addressed 
briefly  by  Governor  Chase  S.  Osborn. 

A  full  membership  of  the  Commission  was  present,  as  follows : 

Hal  H.  Smith,  of  Detroit. 
William  P.  Belden,  of  Ishpeming. 
Charles  B.  Sligh,  of  Grand  Rapids. 
Michael  P.  McCuen,  of  Grand  Rapids. 
Richard  L.  Drake,  of  Detroit. 

At  the  conclusion  of  the  Governor's  address  the  Commission  went 
into  executive  session  and  Mr.  Hal  H.  Smith,  was  elected  chairman, 
and  Mr.  Richard  L.  Drake  Secretary. 

After  a  short  discussion  of  the  purposes  for  which  the  Commission 
was  formed  the  members  adjourned. 

The  Commissioners  assembled  after  recess  and  a  meeting  was  held 
at  the  Downey  House,  which  was  called  to  order  by  Chairman  Smith. 

On  motion  it  was  decided  to  establish  headquarters  in  Detroit,  if  not 
in  conflict  with  the  act  authorizing  the  commission  as  passed  by  the 
legislature. 

The  matter  of  purchasing  supplies,  the  securing  of  an  office  force, 
and  the  employment  of  the  corps  of  investigators  was  by  motion  dele- 
gated to  Chairman  Smith  and  Secretary  Drake. 

Chairman  Smith  and  Secretary  Drake  visited  President  J.  L.  Snyder, 
of  the  Michigan  Agricultural  College,  for  the  purpose  of  securing,  if 
possible,  students  to  undertake  the  work  of  investigating  the  agricul- 
tural districts  of  the  State.  President  Snyder  promised  his  hearty  co- 
operation. 

Chairman  Smith  communicated  with  Professor  Holbrook,  of  the  Uni- 
versity of  Michigan,  and  secured  his  promise  to  recommend  students  of 
that  college  to  the  commission  for  the  purpose  of  investigating  the  in- 
dustrial field. 

DETROIT,  MICH.,  JUNE  30,  1911. 

Meeting  called  to  order  at  3  p.  m,,  in  the  offices  of  Chairman  Hal  H. 
Smith,  who  stated  that  the  first  business  before  the  members  was  the 
selection  of  the  investigators  necessary  to  gather  the  data  for  the  use 
of  the  commission  in  its  investigation  of  accidents  in  the  industrial 

Q 


66  EMPLOYERS'    LIABILITY    AND 

establishments,  in  the  agricultural  field,  the  mines  and  the  lumber  dis- 
trict. The  following  applicants,  after  being  interviewed  by  the  com- 
missioners, were  then  engaged: 

Messrs.  C.  E.  Eldrid«-e,  W.  M.  Nelson,  W.  W.  Merrit,  E.  K.  Dodds, 
C.  B.  Randall,  A.  H.  Eggerth,  J.  C.  Murray,  R.  W.  Powell. 

On  motion  it  was  agreed  to  pay  the  investigators  $20  per  week,  hotel 
and  traveling  expenses. 

Moved  and  carried  that  Secretary  Drake  superintend  the  investigating 
force  and  work  of  the  commission  at  a  salary  of  $175  per  month  and 
necessary  traveling  and  other  expenses  when  out  of  the  city  of  Detroit. 

Moved  and  carried  that  Secretary  Drake  be  empowered  to  certify 
vouchers  for  employes'  salaries,  office  supplies,  etc. 

After  a  thorough  discussion  the  forms  submitted  to  the  commission 
by  Chairman  Smith  for  the  recording  of  accidents,  to  be  used  by  the 
investigators,  were  approved  as  follows:  Form  A,  to  be  filled  from  in- 
formation from  the  employer;  Form  B,  for  the  use  of  the  investigators 
only;  Form  O,  to  contain  information  gathered  from  the  injured  em- 
ploye; Form  D,  for  the  use  of  employers  only,  containing  information  as 
to  employes  engaged,  wages  paid,  amount  of  liability  insurance,  etc. 

Moved  and  carried  that  investigators  outside  of  Detroit  be  furnished 
with  forms  A  and  B,  and  investigators  in  the  City  of  Detroit  be  fur- 
nished with  blanks  A,  B  and  C,  and  that  employers  be  mailed  Form  D. 

Mr.  Sligh  was  unanimously  elected  vice-chairman. 


DETROIT,  MICH.,  JULY  22,  1911. 

Meeting  called  to  order  in  the  office  of  Hal  H.  Smith  by  Vice-Chair- 
man Charles  R.  Sligh,  there  being  also  present  Commissioners  Michael 
P.  McCuen  and  Richard  L.  Drake. 

Moved  and  carried  that  an  additional  investigator  be  engaged  to 
assist  in  wrork  in  the  Upper  Peninsula,  selection  of  same  to  be  delegated 
to  Mr.  Belden. 

Moved  and  carried  that  "C"  blanks  be  sent  investigators  in  Grand 
Rapids  and  that  as  many  of  same  as  possible  be  completed. 
-  Mr.  Drake  presented  to  the  Commission  the  ruling  of  the  Board  of 
State  Auditors  to  the  effect  that  no  salary  could  be  paid  to  any  member 
of  the  Commission.  The  Commission  after  determining  that  the  em- 
ployment of  a  paid  secretary  who  would  devote  all  his  time  to  the 
work  was  necessary7,  requested  Mr.  Drake  to  retain  that  position.  Mr. 
Drake  thereupon  resigned  as  commissioner. 


GRAND  RAPIDS.  MICH.,  AUGUST  3,  1911. 

Meeting  held  at  the  Morton  House  at  8  p.  mi.,  and  called  to  order  by 
Vice-Chairman  Sligh.  Present  in  addition  to  the  chairman  of  the  meet- 
ing, Commissioners  W.  P.  Belden,  Michael  P.  McCuen,  and  Secretary 
Richard  L.  Drake. 

Moved  and  carried  that  Investigators  Dodds,  Murray  and  Hyatt  be 
notified  by  the  secretary,  and  D.  D.  Hunting  by  the  vice-chairman,  that 
their  services  would  not  be  required  after  August  5th ;  that  Investigator 
Powell  continue  to  August  8th  and  Eggerth  to  the  12th  of  August. 


WORKMEN'S    COMPENSATION    COMMISSION.  67 

Moved  and  carried  that  R.  L.  Drake  be  employed  as  Secretary  at  a 
salary  of  $1,000,  payable  in  semi-monthly  installments  until  work  of 
Commission  is  finished ;  time  limit  on  same  to  be  January  1st,  1912. 

Moved  and  carried  that  Secretary  communicate  with  Manufacturers' 
Association  of  Muskegon  regarding  public  hearing  in  that  city  within 
two  or  three  weeks. 

Secretary7  instructed  to  communicate  with  following  cities  in  regard 
to  public  meetings  of  the  commission : 

Ishpeming,  Houghton,  Muskegon,  Grand  Rapids,  Saginaw,  Battle 
Creek. 

MUSKEGON,  MICH.,  AUGUST  24,  1911. 

Meeting  of  commissioners  in  afternoon  held  in  Chamber  of  Commerce 
rooms.  Present : 

Messrs.  C.  R.  Sligh  (Vice-Chairman,  who  presided),  William  P.  Belden, 
Michael  P.  McCucn,  and  Secretary  R.  L.  Drake. 

Moved  and  carried  that  force  of  investigators  be  reduced  by  releasing 
George  E.  Brand,  C.  B.  Randall  and  W.  W.  Merritt  on  August  25th. 
The  Secretary  also  stated  that  stenographer  Miss  Freeman  would  be 
released  on  same  date. 

After  an  informal  session  with  representative  employers  of  Muske- 
gon, Messrs.  Ford,  of  Alaska  Refrigerator  Co.,  and  Mr.  Walker,  of  the 
Shaw-Walker  Co.,  being  present,  the  commissioners  were  taken  over  the 
city  for  a  view  of  the  factories  by  Messrs.  Ford  and  Walker. 

Public  meeting  held  in  the  evening  in  Casino  Hall,  there  being  present 
representatives  of  labor  organizations,  relief  societies,  lawyers  and  em- 
ployers. 

After  opening  remarks  explaining  the  objects  of  the  commission, 
Chairman  Sligh  introduced  Commissioner  Wm.  P.  Belden  as  tbe  speaker 
of  the  evening,  whose  talk  was  well  received  and  was  the  subject  of 
much  discussion  among  those  present.  Mr.  Peter  W.  Krap,  President 
of  the  mill  men,  opened  the  discussion  with  a  short  talk  in  which  he  de- 
plored the  lack  of  interest  in  this  important  subject  displayed  by  the 
workers,  who  had  received  ample  notice  of  the  meeting,  both  through 
notices  published  in  local  papers  and  posted  in  the  various  shops,  as 
well  as  by  mail  from  the  offices  of  the  commission. 

Remarks  were  also  made  by  Thomas  Geraghty,  former  chief  of  police 
of  Muskegon,  who  said  accidents  would  be  greatly  lessened  if  employers 
would  install  all  safeguards  the  law  requires,  and  if  after  installation, 
employes  would  use  them. 

George  R.  Murray,  President  of  the  Railway  Mens'  Relief  Associa- 
tion, urged  all  workers  to  take  an  interest  in  the  work  of  the  com- 
mission. 

Stephen  H.  Clink,  lawyer,  spoke  for  the  retention  of  the  employers' 
three  defences,  but  in  a*  modified  form  and  favored  less  elasticity  in 
their  interpretation. 

J.  H.  Ford,  Manager  of  Alaska  Refrigerator  Co.,  believed  industry 
should  bear  the  burden  and  in  that  way  provisions  for  safety  would  be 
more  adequate.  He  urged  that  some  action  be  taken  looking  toward  the 
compensation  of  the  injured,  as  in  spite  of  all  precautions  and  warnings 
workmen  will  meet  with  accidents. 


68  EMPLOYERS'    LIABILITY    AND 

Vice-Chairman  Sligh  was  called  upon  to  answer  many  questions, 
which  he  did  in  a  thoroughly  capable  manner. 

BATTLE   CREEK,   MICH.,    SEPTEMBER   19,    1911. 

Chairman  Hal  H.  Smith,  Vice-Chairman  Charles  R.  Sligh,  Michael 
P.  McCuen  and  O.  E.  Reaves,  the  latter  being  appointed  to  fill  the  va- 
cancy caused  by  the  resignation  of  Mr.  Drake,  attended  the  meeting  with 
the  Michigan  Federation  of  Labor.  On  the  invitation  of  that  body  Mr. 
Smith  delivered  an  address  to  its  members. 

At  the  conclusion  of  Chairman  Smith's  address,  Secretary  Drake  was 
called  on  by  President  Harris. 

Commissioners  Sligh  and  McCuen  also  spoke  briefly. 

A  short  business  session  was  held  at  the  Clifton  Hotel  during  the 
afternoon  of  Tuesday,  September  19th,  at  which  time  it  was  agreed  to 
hold  a  public  meeting  at  Grand  Rapids  on  Friday,  September  29th,  and 
also  at  Detroit,  Saturday,  September  30th,  and  the  secretary  was  in- 
structed to  make  arrangements  for  same  and  provide  speakers  for  the 
meetings. 

GRAND  RAPIDS,  MICH.,  SEPTEMBER  29,  1911. 

A  public  meeting  was  held  by  the  commission  on  the  afternoon  of  the 
above  date  in  the  guild  room  of  the  Manufacturers'  Association  of  Grand 
Rapids,  in  the  Pantlind  House,  at  which  meeting  Commissioners  Smith, 
Sligh,  Belden,  McCuen  and  Secretary  Drake  were  present. 

The  meeting  was  opened  for  general  discussion  and  papers  were  read 
by  Mr.  Stuart  Knappen  and  Mr.  Claude  Taylor,  President  of  the  Grand 
Rapids  Trades  Council.  The  committee  appointed  by  the  Michigan 
Federation  of  Labor,  to  investigate  the  subject  of  Workmen's  Compensa- 
tion was  present.  This  committee  was  composed  of  W.  H.  Stewart, 
and  Homer  Waterman  of  Kalamazoo;  August  Bricault  and  Claude 
Taylor  of  Grand  Rapids,  and  George  Bailey  of  Jackson. 

After  the  reading  of  papers  by  Messrs.  Taylor  and  Knappen,  an  in- 
formal discussion  was  held  and  the  meeting  adjourned. 

The  evening  meeting  was  called  to  order  by  Chairman  Hal  H.  Smith 
of  the  commission,  who  spoke  briefly  upon  the  objects  for  which  the 
commission  was  appointed  and  the  ends  to  be  obtained.  He  then  called 
on  Mr.  Aldricli!  Blake,  who  made  a  brief  address. 

At  the  conclusion  of  Aldricli  Blake's  address,  the  chairman  called  on 
O.  H.  L.  Wernicke,  who  said  in  the  course  of  his  remarks  that  he  favored 
a  change  in  the  present  unjust  system  so  that  an  injured  employe  may 
receive  the  compensation  to  which  he  is  entitled — and  thinks  that  the 
man  meeting  with  an  accident  is  entitled  to  all  it  costs  employers. 

Prosecuting  Attorney  Brown  stated  that  it  was  his  impression  that  the 
insurance  companies  and  the  attorneys  were  receiving  too  large  a  share 
of  the  money  paid  by  the  employers  in  connection  with  personal  injuries 
to  their  employes. 

George  A.  Davis  of  Stowe  and  Davis,  spoke  briefly  on  the  subject  of 
Workmen's  Compensation  and  said  he  hoped  that  the  employer  and  em- 
ploye would  be  able  to  mutually  agree  upon  some  method  of  recompense 
for  injuries  so  that  court  procedure  might  be  eliminated. 


WORKMEN'S    COMPENSATION    COMMISSION.  69 

Reverend  A.  W.  Wishart,  ex-assistant  United  States  District  Attorney 
Glute,  Charles  H.  Leonard,  and  F.  E.  Ranney,  were  among  the  other 
representative  citizens  present  who  addressed  lie  meeting. 

S.  Beattie,  local  organizer  for  the  carpenters  and  joiners;  Claude 
Taylor,  president  of  the  Trades  Council;  August  Bricault;  William 
Smith  and  C.  B.  Waddell  of  the  Grand  Rapids  Typographical  Union, 
with  the  committee  representing  the  Michigan  Federation  of  Labor 
were  also  present,  as  were  a  number  of  members  of  the  District  Trades 
Council. 

DETROIT,  MICH.,   SEPTEMBER  30,  1911. 

Present:  Chairman  Hal  H.  Smith,  Vice-Chairman  Chas.  R.  Sligh, 
William  P.  Belden,  Michael  P.  McCuen,  Ora  E.  Reaves  and  Secretary 
R.  L.  Drake. 

Two  public  meetings  were  arranged  by  the  commission  to  be  held  in 
Detroit  on  the  above  date  at  the  Board  of  Commerce,  the  afternoon 
meeting  being  attended  by  representatives  of  the  liability  insurance  com- 
panies, attorneys,  members  of  the  Manufacturers'  Association  and  repre- 
sentatives of  the  Detroit  Federation  of  Labor. 

Chairman  Smith  opened  the  meeting  with:  a  statement  that  the  com- 
mission had  agreed  upon  a  recommendation  of  some  form  of  workmen's 
compensation,  explaining  that  there  was  much  waste  under  the  present 
system  and  that  as  the  law  now  stood,  unless  an  employee  could  prove 
negligence  on  the  part  of  the  employer  he  could  not  recover  damages 
in  case  of  accident. 

Mr.  J.  D.  Dort,  of  Flint,  was  called  upon  by  the  chairman  to  give 
to  the  meeting  his  views  on  the  subject  of  workmen's  compensation. 
He  said  he  believed  that  the  workmen  themselves  should  pay  part  of  the 
cost  of  accidents,  holding  that  it  would  tend  to  make  them  aid  in  pre- 
venting accidents.  While  he  did  not  care  to  put  a|  premium  on  intoxica- 
tion, he  believed  a  man  injured  while  intoxicated  should  receive  com- 
pensation to  some  degree  unless  it  caused  the  accident. 

Mr.  Culver  of  the  legislative  committee  of  the  Employers'  Associa- 
tion said  he  believed  that  to  compensate  an  intoxicated  man  would  be 
putting  a  premium  on  intoxication,  and  he  did  not  believe  that  a  man 
injured  as  a  result  of  wilful  negligence,  under  which  head  he  would 
be  put  by  intoxication,  should  be  compensated. 

Frederick  B.  Smith,  President  and  General  Manager  of  the  Wolverine 
Manufacturing  Company,  endorsed  the  payment  of  something  for  every 
accident  by  employers.  "If  there  is  compensation  there  should  be  com- 
pensation all  the  way  through,  and  no  distinction  as  to  how  the  acci- 
dent occurred." 

Michael  Brady,  of  the  Detroit  Federation  of  Labor,  was  next  called 
upon  by  the  Chairman  and  stated  that  it  was  his  belief  that  workmen 
should  not  pay  any  of  the  cost  of  a  compensation  fund. 

Edward  S.  Raymond,  Detroit  manager  of  the  liability  department  of 
the  Travelers'  Insurance  Company,  said  he  believed  the  companies  now 
in  the  field,  with  their  organization  and  knowledge  of  facts,  could  handle 
workmen's  insurance  for  the  employers  more  cheaply  than  the  State, 
and  also  expressed  the  opinion  that  they  could  handle  the  business  to 
much  better  advantage  than  mutual  associations  of  employers. 


70  EMPLOYERS'    LIABILITY    AND 

Attorney  Fred  L.  Vandeveer,  also  connected  with  the  Travelers'  In- 
surance Company,  argued  that  the  cost  to  the  employers  of  a  compensa- 
tion scheme  would  be  so  great  that  they  might  be  compelled  to  leave  the 
State. 

Attorney  Frank  H.  Dohany,  of  Detroit,  said  he  believed  if  the  defences 
of  the  employers  were  removed  those  entitled  to  recover  would  receive 
the  full  amount  and  there  would  be  much  less  litigation.  He  believes 
also  that  all  injuries  should  be  compensated  for. 

J.  Y.  Mcllwain,  of  Port  Huron,  attorney  for  the  Lady  Maccabees, 
stated  he  was  not  in  favor  of  a  compensation  law,  but  that  he  favored 
the  doctrine  of  comparative  negligence.  He  did  not  believe  that  the 
cost  of  an  employe's  negligence  should 'be  placed  on  the  employer. 

State  Senator  Lee  said  that  when  a  compensation  bill  was  before  the 
legislature  the  great  objection  was,  that  if  the  employe  did  not  come 
under  the  act,  but  elected  to  sue  at  law,  he  could  not  successfully  re- 
tain his  situation. 

EVENING   SESSION. 

John  Smith,  State  Deputy  Labor  Commissioner,  was  the  first  speaker 
of  the  evening  meeting.  He  contended  in  his  address  that  a  compensa- 
tion law  would  mean  a  decrease  in  industrial  accidents  and  that  the 
efficiency  of  the  State  Labor  Department  would  be  greatly  improved 
if  such  a  law  were  in  effect. 

Clarence  Neely,  ex-president  of  Typographical  Union  No.  18,  was  the 
next  speaker  of  the  evening  and  argued  that  the  workmen  should  pay 
no  part  of  a  cost  of  the  compensation. 

Antoino  Entenza  represented  the  Detroit  Federation  of  Labor  and 
stated  that  he  believed  the  limit  of  |3,000  set  by  the  Commission  as  the 
maximum  compensation  for  death  was  too  low. 

Henry  Eikhoff,  formerly  State  factory  inspector,  believed  that  the 
workmen  should  pay  part  of  the  cost,  the  employer  part,  and  the  State 
a  part  of  any  compensation  law. 

George  Harris,  the  retiring  president  of  the  State  Federation  of  Labor, 
did  not  believe  the  employe  should  pay  any  part  of  the  cost  and  thought 
the  employers  should  stand  it  entirely. 

W.  H.  Stewart  and  Homer  Waterman,  of  the  Michigan  Federation  of 
Labor,  were  present  at  this  meeting,  as  well  as  many  other  representa- 
tives of  organized  labor. 

This  meeting  was  the  last  public  hearing  held  by  the  commission. 


DETROIT,  MICH.,  DECEMBER  9,  1911. 

The  Commission  met  at  10  o'clock  a.  m. 

Present:  Chairman  Hal  H.  Smith,  Vice-Chairman  Charles  R.  Sligh, 
William  P.  Belden,  Michael  P.  McCuen,  Ora  E.  Reaves,  and  Secretary 
Richard  L.  Drake. 

The  Chairman  made  the  following  statement: 

"You  each  have  a  typewritten  copy  of  the  report  to  be  submitted  to 
the  legislature,  and  a  copy  of  the  bill  containing  amounts  of  compensa- 
tion to  be  paid  injured  workmen  under  the  proposed  law.  The  secre- 


WORKMEN'S    COMPENSATION    COMMISSION.  71 

tary  will  read  the  report  and  the  bill  and  suggestions  will  be  received 
as  to  proposed  changes,  etc." 

The  report  was  then  taken  up  and  read  seriatim*,  and  after  thorough 
discussion  of  the  subject  matter  so  far  as  it  had  been  read,  the  meeting 
adjourned  until  9:30,  December  10th. 


DETROIT,  MICH.,  DECEMBER  10,  1911. 

Meeting  called  to  order  by  Chairman  Smith. 

Secretary  continued  reading  of  report  and  proposed  compensation  bill. 
At  the  conclusion  of  the  discussion  the  following  motion  was  made  by 
Mr.  Reaves: 

That  Sec.  3  of  Part  II  be  amended  by  adding  a  clause  providing 
that  if  disability  continues  for  six  weeks  payment  should  relate  back 
to  time  of  accident,  and  that  Section  4  be  amended  to  read  four  weeks 
instead  of  two  weeks. 

Seconded   by   Mr.   McCuen. 

On  vote  being  taken  the  following  result  was  announced :  Yeas — Mr. 
Reaves  and  Mr.  McCuen.  Nays— Mr.  Belden,  Mr.  Sligh  and  Mr.  Smith. 

Motion  was  thereupon  declared  lost. 

Mr.  Belden  moved  that  bill  as  presented  be  amended  by  adding  to 
Section  3,  Part  II,  a  clause  providing  that  if  disability  continues  for 
eight  weeks  payment  should  relate  back  to  time  of  accident,  and  that 
Section  4  be  amended  to  read  three  weeks  instead  of  two  weeks. 

Seconded  by  Mr.  Sligh.     Carried  unanimously. 

It  was  then  moved  that  the  report  as  read  and  the  bill  as  read  be 
adopted  as  an  entirety  and  as  to  eacli  section  and  page  as  the  final 
report  of  the  commission,  which  motion  was  upon  a  roll  call  unanimously 
carried. 

It  appearing  that  for  the  purpose  of  completing  the  work  of  the  Com- 
mission it  is  necessary  to  extend  the  term  of  employment  of  Secretary 
R.  L.  Drake  beyond  January  1,  1912,  it  was  duly  moved  and  seconded 
that  he  be  employed  until  January  15,  1912,  at  the  same  salary  now 
paid.  Carried  unanimously. 

Moved  and  carried  that  if  the  Chairman  and  Secretary  upon  investi- 
gation so  decide,  an  accountant  be  engaged  for  the  purpose  of  revising 
tables  contained  in  report  and  certifying  as  to  their  accuracy. 

An  informal  discussion  was  then  had  as  to  the  advisability  of  present- 
ing a  supplemental  report  at  a  later  date  if  the  experience  as  'to  Wis- 
consin, New  Jersey  and  other  acts  should  so  necessitate. 

The  Secretary  was  thereupon  directed  to  prepare  corrected  copies  of 
the  report  and  to  forward  same  at  once  to  the  State  Printer.  He  was 
also  directed  to  secure  a  page  proof  as  soon  as  possible  and  to  present 
same  to  each  member  of  commission  for  his  signature. 

After  discussion  it  was  determined  to  ask  permission  of  the  Governor 
to  release  the  report  to  the  public  press  at  once  and  the  Chairman  was 
directed  to  make  that  request  by  wire. 

The  commission  then  adjourned  to  meet  upon  call  of  the  chairman. 


72 


EMPLOYERS'    LIABILITY    AND 


APPENDIX  II. 


THE  COST  OF  ACCIDENTS. 

There  follow  tables  showing  results  to  employes  of  injuries  received 
in  various  industries  throughout  the  State,  giving  number  injured,  loss 

TABLE  XXXI.— RECORD  OF  ACCIDENTS— 


•d 

o> 

1 

< 

Compensation. 

jf 

<8 

2 

d 
o 
* 

Wages. 

Settlements. 

Other  aid. 

Agricultural  implements 

2 

0 

Automobile  manufacturers  
Brass  goods  manufacturers  
Building  material  
Cereal  manufacturers  

Chemists 

4 
8 

5 

4 

1 
0 
0 

0 

o 

558 
3 
3 

58 

495 

$1,700  64 

800  57 
3  065  74 

$1,050  00 
1,800  00 

$2,265  96 
100  00 
200  00 

7  326  00 

Cigar  manufacturers  

5 

o 

2 

Furniture  manufacturers  .  ... 

13 

o 

19 

383  75 

312  00 

Furniture,  metal,  manufacturers  .... 
Interior  finish 

4 
2 

1 

o 

39 
7 

17  50 

Lumber 

7 

o 

46 

25  00 

1    120  61 

Machinery  manufacturers  
Metal  goods  manufacturers  
Miscellaneous  manufacturers  
Municipalities 

17 
4 
7 
3 

0 
0 
0 

o 

54 

4 

7 
18 

462  50 
18  00 
54  00 
197  04 

15  00 

107  54 

Paper 

1 

o 

19 

Public  utilities  

§ 

1 

24 

871   30 

739  00 

Shoe  manufacturers  
Structural  steel  
Sugar  manufacturers  

Unclassified  

1 
1 

1 

3 

0 
0 

1 
n 

10 
12 
13 

4 

70  00 

"is'so 

1,300  00 
202  47 
379  10 

167  00 

'  'is'so 

95  00 

Vehicle  manufacturers  
Wire  manufacturers  
Woodworkers  

1 
l 
2 

0 
0 

1 

2 
30 

'  '27'00' 
13  35 

'    i02  35 

Totals  

95 

5 

1,422 

$7,784  19 

$4,931  07 

$32,768  96 

Total  paid  out  as  compensation,  $25,099.22,  being  an  average  of  $17.59  per  man,  fatal  and  non- 
fatal  included. 

Total  incidental  expenses,  in  addition  to  compensation  received  by  injured  employes,  $10,561.95. 

Total  expenses  for  all  accidents,  including  both  compensation  paid  to  injured  and  expenses  attendant 
upon  same,  $35,661.17,  being  an  average  expense  to  employers  of  $24.99  per  injured  man. 


WORKMEN'S    COMPENSATION    COMMISSION. 


73 


of  time,  compensation  paid,  etc.  There  will  also  be  found  in  the  pages 
folio-wing  reports  received  from  employers,  giving  the  number  of  in- 
jured, fatal  and  non-tatal,  the  cost  of  the  care  of  the  employe,  as  well 
as  the  liability  insurance  expense,  wages  paid,  average  number  of  em- 
ployes, etc.  Tables  XXXI  and  XXXII  show  the  comparative  cost  of 
accidents  to  employers  who  carry  liability  insurance  and  those  who 
do  not. 


FIRMS  CARRYING  NO  INSURANCE. 


Cost  incidental  to  accidents. 

Total  cost 
of  accidents. 

Average  No. 
employes. 

Cost  per 
man. 

Average 
com- 
pensation 
received 
per  man. 

First  aid. 

Medical. 

Hospital. 

Legal. 

$27  00 
1,863  00 
25  00 

$9  00 
204  15 

'  '20'00 
354  75 

"$752  '95' 

14  00 
2,597  66 

"s'oo' 

117  00 
43  00 

"  $360'  66' 
'  '300'  06' 

$36  00 
8,136  70 
1,925  00 
520  00 
1,249  32 

12,989  40 
10  00 
1,283  52 
426  18 
9  00 

1,812  96 
892  04 
58  00 
127  25 
197  04 

80  50 
2,352  70 
1,453  00 
598  52 
1,008  34 

238  50 
42  50 
27  00 

187  70 

205 
6,834 
251 

82 
800 

3,567 
910 
2,763 
844 
56 

1,059 
1,947 
413 
330 
490 

216 

4,070 
988 
259 
948 

269 
140 
37 
630 

$0  174 
1   19 
7  65 
6  34 
1  56 

9  27 
0  01  1-10 
46 
50^ 
16 

1   71 

S1 

to84 

37 
55 
1  47 
2  31 
1  06 

88 
30 
73 
30 

$8  77 
633  00 
66  66 
15  18 

20  99 

'  '53'5i 
44 

24  90 
10  83 
4  50 
7  71 
10  94 

35  00 

'  'is  50 

10  00 
547  77 
408  68 
9  00 

425  35 
250  50 
40  00 
73  25 

125  00 

11  00 
255  58 

64  40 

69  50 
486  82 
83  00 
305  00 
134  00 

56  50 
42  50 

64  41 
137  00 
18  16 
34  95 

41  75 

11    15 
3  00 

'  'SOO' 

381  94 

15  00 

27  00 
3  73 

69  00 

$1,980  65 

$3,598  77 

$3,875  59 

$1,106  94 

$35,661   17 

28,108 

74 


EMPLOYERS'    LIABILITY    AND 


TABLE  XXXII.— RECORD  OF  ACCIDENTS— 


•d 

V 

"C 

H 

( 

Compensation. 

P 

"3 

I 

c 

o 

£ 

Wages. 

Settlements. 

Other  aid. 

Agricultural  implements  
Automobiles  
Automobiles  allied  
Brass  goods  manufacturers  
Breweries  

Building  material                .... 

4 
9 
9 
5 
5 

5 

0 
2 
0 
1 
0 

o 

26 
2,215 
310 
42 
45 

1 

$471  95 
500  00 
546  00 

SI,  728  03 
4,975  00 

'  '§5000 
119  00 

Cereal  manufacturers 

3 

o 

5 

60  00 

Contractors  and  builders  

6 

0 

32 

150  00 

100   00 

Foundries   • 

12 

1 

121 

45  56 

390  00 

Furniture     

30 

1 

65 

1,218   15 

116  39 

258   75 

Furniture,  office  
Glass  manufacturers  
Heating  apparatus 

8 
2 
3 

0 
0 

o 

37 
3 

;} 

106  15 
26  50 

200  00 

Interior  finish                  

i) 

o 

11 

26  00 

<>0   00 

Laundries 

3 

o 

5 

20  00 

175  00 

Leather 

6 

o 

6 

115  00 

50  00 

Lumber  

15 

1 

42 

231   60 

4,155  00 

Machinery  manufacturers  
Metal  goods  
Millers  

Miscellaneous  manufacturers  
Paints 

25 
12 
3 

24 
2 

1 

0 
0 

0 

o 

96 

280 
5 

177 
75 

391    50 
1,055  68 
50  00 

882  85 
340   00 

5.075  00 
72  50 

2,575  00 
829   74 

us  oo 

33    00 
25  00 

Paper         .  .                

14 

3 

(>:i 

271   50 

1    525  00 

130   70 

Printing  etc 

10 

o 

3 

112  00 

Public  utilities  

Railway  supply  manufacturers  
Shoe  manufacturers 

9 

2 
5 

2 

9 

0 

261 

650 
6 

52  25 

1,598  08 
4,293  80 

181   02 

Steel  goods  manufacturers 

4 

o 

17 

16  00 

Structural  steel  
Sugar  manufacturers  

Vehicle  manufacturers 

1 
1 

4 

0 
0 

o 

347 
2 

75 

30  56 
398  13 

*3,130  00 

10   00 

Wearing  apparel  
Wire  manufacturers 

12 

7 

0 

o 

30 

42 

48  00 
214  00 

150  66 

450  00 

Woodworkers  

15 

1 

71 

836  45 

275  00 

175  00 

Totals 

269 

22 

4  618 

$8  192  83 

§30  999  54 

$2  010  47 

*Of  this  sum  $1,000.00  was  paid  by  the  firm. 

tOf  this  sum  $1,614.25  was  paid  by  firm. 

The  men  injured,  to  the  number  of  4,640,  fatal  and  non-fatal,  received  a  total  of  $41,202.84,  an  average 
per  man  of  $8.88.  There  was  a  total  expense  incident  to  injuries  per  man  of  $12.71,  this  including 
compensation  paid. 


WORKMEN'S    COMPENSATION    COMMISSION. 
FIRMS  CARRYING  INSURANCE. 


75 


Cost  incident  to  accidents. 

Total  cost 
of  accidents. 

Amount 
paid  for 
insurance. 

Average 
No.  of 
employes. 

Average 
com- 
pensation 
received 
per  man. 

First  aid. 

Medical. 

Hospital. 

Legal. 

'  '$145'  96 
111  28 
15  00 
105  00 

$94  25 
1,613  33 
951   30 
127  00 
25  00 

8  00 
56  00 

$112  00 
200  00 
146  94 
78  60 

'  '$ioo'oo' 

$678  20 
4,187  30 
6,880  52 
339  60 
130  00 

8  00 
116  00 
250  00 
997  31 
2,591  34 

741   65 
5  00 
37  50 
115  50 
200  00 

167  00 
4,936   12 
t6,527  25 
1,761  41 
70  00 

5,605  92 
1,169  74 
2,606  95 
283  50 
3,580  25 

6,396  97 
58  00 
22  00 
4,058  70 
30  00 

643   13 
683   15 
1,015  30 
2,088  45 

$858  03 
25,220  69 
7,309  84 
816  31 
537  72 

152  50 
154  50 
4,515  69 
3,134  63 
3,933  61 

865  91 
160  00 
245  69 
554  98 
300  10 

441   32 
4,113  03 
5,095  80 
4,324  57 
280  00 

4,729  57 
384  61 
2,542  78 

898  08 
8,874  39 

10,805  27 
394  16 
422  00 
3,957  10 

88  00 

1,285  11 
1,883  69 
745  77 
2,798  16 

496 
15,729 
4,958 
933 
160 

76 
125 
848 
1,577 
4,290 

•              956 
290 
144 
363 
405 

384 
1,262 
1,998 
2,142 
112 

4,051 
590 
1,064 
557 

1,758 

3,802 
678 
360 
1,187 
115 

1,562 
4,429 
501 
1,520 

$18  15 
11  38 
17  97 
2  76 

122  00 

io'66 
iso  66 

12  00 
7  81 
3  57 
39  26 

20  04 

"8'83 
4  18 
32  50 

27  50 
102  01 
57  57 
4  15 
10  00 

19  67 
15  59 
30  64 
37  33 
6  96 

6  51 

"94 
9  11 
5  00 

5  31 
16  60 
6  28 
17  86 

343  75 
148  05 

104  00 

96  00 
840  00 

331  50 
5  00 
11  00 
34  50 
5  00 

"26"  66' 

2  00 

30  00 
7  00 
86  57 

15  00 

'33'52" 
390  50 
158  00 
20  00 

665  32 

72  66 
130  00 
261  64 

33  50 
2  00 

986  24 

336  00 
545  25 
355  66 

1,401   75 

'  '478'  75' 
32  00 
107  50 

973   17 

56  00 
6  00 

20  66 

237  50 
84  15 
438  50 
455  00 

56  00 

'  'l26'o6' 
9  50 
1,169  46 

1,096  50 

'  '2i6'30' 

105  66 
287  00 

'  'ih'go' 

7  50 
101  00 
107  80 
60  00 

$3,817  04 

$9,725  11 

$3,654  57 

$582  20 

$58,981   76 

$102,723  61 

59,422 

THE  RAILWAYS. 

A  record  of  accidents  occurring  on  steam  railways  in  Michigan  has 
been  tabulated  and  illustrates  the  occupations  in  that  industry  most 
liable  to  injury,  the  comparative  extent  of  the  injuries  received  as  well 
as  the  nature"  of  the  accidents.  In  this  group  of  injuries  there  was 
no  case  of  loss  of  both  hands  or  feet,  or  one  hand  and  foot.  Aside  from 
the  fatal,  the  most  serious  injuries  were  the  loss  of  a  hand  or  foot  or 
eye,  eleven  men  sustaining  this  particular  loss  in  a  total  of  1,094 
injured. 


76 


EMPLOYERS'    LIABILITY    AND 


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=2—  £  ^ 

G/a'S  C 

£  °  xl 

S  S  ?.5 

1     ' 

c  c  c  c 
^•^•^^ 

^ 

WORKMEN'S    COMPENSATION    COMMISSION. 


77 


IRON  AND  COPPER  MINES. 

Tables  XXXIV,  and  XXXV,  relating  to  accidents  in  the  iron 
and  copper  mines,  are  self-explanatory  and  are  given  for  the  purpose 
of  illustrating  the  occupations  subject  to  injury  and  the  comparative 
extent  of  disability,  also  displaying  the  amount  of  compensation  re- 
ceived. In  this  regard  it  may  be  said  that  while  the  occupation  of 
mining  is  considered  more  hazardous  than  the  industrial  occupations, 
the  injured  fare  somewhat  better  than  those  disabled  through  accident 
in  any  other  occupation,  due,  no  doubt,  to  the  mutual  benefit  associa- 
tions maintained  for  the  benefit  of  the  injured,  to  which  funds  the  min- 
ing firms  invariably  contribute. 

TABLE  XXXIV.— RECORD  OF  ACCIDENTS— MINING. 


Occupation  . 

Total. 

Fatal. 

Less  than 
two  weeks. 

Two  weeks 
or  more. 

Time  lost 
in  days. 

Com- 
pensation. 

Bellringers  .  . 

2 

0 

2 

0 

13 

$8  00 

Blacksmiths  
Boys  
Brakemen  

42 
32 
4 

0 

1 
0 

36 
21 
4 

6 
10 
0 

335 
379 
27 

328  00 
865  5O 
15  8O 

Cage  tenders  , 

Captains  
Carpenters 

5 

7 
21 

0 

0 
1 

1 

3 
11 

4 

4 
g 

201 

186 
459 

1,079  6$ 

178  00 
1   116  54 

Chutemen  
Coal  passers  
Engineers  

Firemen  
Foremen  
Helpers  
Headfeeders  
Laborers.  

Landers  
Machinists  .  . 

15 

1 
9 

8 
12 
31 
18 
328 

13 
22 

0 
0 
0 

0 
0 
0 
0 
3 

0 

o 

6 
1 
4 

7 
5 
16 
16 
191 

7 
12 

9 
0 
5 

1 

7 
15 
2 
134 

6 
10 

372 
12 
129 

55 
152 
504 
129 
5,804 

226 
405 

222  80 
12  00 
110  71 

55  00 
161  94 
563  48 
129  00 

8,387  05 

200  60 
1   519  83 

Miners 

1  411 

43 

784 

584 

27  091 

67  517  54 

Motormen  
Pickers  

Pipemen  
Plat  tm  en 

12 
67 

12 
g 

1 
0 

0 

o 

5 
45 

6 
5 

6 
22 

6 
3 

139 
1,024 

210 
91 

148  31 
1,018  14 

288  91 
91  00 

Puffermen  
Railway  trainmen 

4 
11 

1 

0 

2 
9 

1 
2 

63 

118 

303  83 
118  00 

Rockmen  
Shaftmen  

7 
8 

0 

o 

3 

4 
1 

194 
55 

215  02 
49  51 

Skiptender  
Steel  crew  
Surfacemen  
Switchmen  
Teamsters  

Timbermen 

13 
9 

8 
8 
16 

353 

1 

0 
0 
0 
0 

7 

6 
7 
6 
2 
11 

192 

6 
2 
2 
6 
5 

154 

201 
87 
116 
209 
151 

6  021 

1,943  27 
92  74 
129  50 
209  00 
138  79 

9  129  86 

Trackmen  
Trammers 

3 
1  463 

0 
11 

2 

901 

1 

551 

28 
20  816 

37  75 
29   128  68 

Unclassified  
Wallers 

73 

41 

2 

o 

42 

28 

29 
13 

1,370 
480 

5,570  60 
429  85 

Watchmen  

o 

3 

4 

101 

101  00 

Totals   

4  104 

71 

2  409 

1   624 

67  953 

$131  611  6l 

The  subjoined  table  gives  percentage  of  men  entitled  to  compensation  under   proposed  law. 


Men  entitled  to  pay  for  period  of  disability 

Men  entitled  to  death  benefit 

Men  injured  but  not  entitled  to  compensation.  .  . 


Cases.        Per  cent. 


1,624 

71 

2,409 


39.5 

1.6 

58.9 


78 


EMPLOYERS'    LIABILITY    AND 


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80 


EMPLOYERS'    LIABILITY  AND 


INDUSTRIAL  ACCIDENTS. 

The  following  Tables,  ]STos.  V  to  XV,  are  referred  to  on  page  13  of 
the  report,  and  display  number  of  injured  in  particular  localities  and 
amount  of  compensation  received  by  them.  Ten  counties  were  selected 
for  the  preparation  of  these  tables  by  the  commission,  and  many  in- 
dustries are  reported,  the  industrial  field  generally  being  well  covered 
by  investigators  engaged  by  the  commission. 


TABLE  V.— EMPLOYERS'  REPORTS  ON  PARTICULAR  ACCIDENTS 


Occupation. 

Effect  upon  emp 

No. 

injured. 

No.  reports 
giving 
days  lost. 

Days  lost. 

Buffer  
Cabinet  maker 

2 
6 

2 

1 

8 

1 
2 
1 
9 

5 

1 
1 
:; 
6 

•> 
5 
14 

1 
32 

13 

5 

1 
1 

9 

1 
1 
5 

1 
4 
26 

4 
0 

1 
1 

1 
1 

1 
5 

4 
4 
1 

:< 

4 

2 
5 
7 
1 
20 

12 
1 
1 

1 

8 

1 
0 
3 
1 
3 
20 

18 

58! 

*1 

18 

24 
1 
1 
6 
57 

51 
60 
30 
72 

12 

2fi 

71 
116* 
24 
315* 

148* 

5 
10 
6 

89} 

36 
0 
20 
5 
52 
318* 

Carpenter  
Cupola  tender 

Drill  machines  

Elevator  operators  
Filer  

Firemen 

Grinder        .... 

Helpers 

Jointer  operator 

Laborers  
Millwright 

Molders  

Not  given 

Pipe  work  
Press  operators  
Planers 

Repairer 

Sawyers                     ...                ... 

Shapers  
Sanders  

Sealer                      

Scraper 

Surfacer  
Stockmen 

Teamster  
Turner  

Upholsterers  
Varnishers 

Veneer  workers  .  .             

Wood  machine  operators 

Total                                  

169 

119 

1  ,  623 

Xo.  reports 

giving 
daily  wage. 


1 
0 
3 

1 
0 
0 
0 
0 
2 

1 
0 
0 

1 

2 

12 


Wage  loss. 


$49  50 


1  85 
'17  50 

40  00 


60  00 
56  00 


32  00 
6  99 


70  87 
63  00 


10  75 

78  00 

334   13 


$880  59 


*  Death  resulted. 

fThis  was  a  single  settlement. 


In  eight  cases  others  were  connected  with  the  injury.     One  injured 


employe  sued  and  recovered  compensation  for  his  injury.  One  employe  signed  a  release.  It  is  re- 
ported that  33  from  the  166  employes  whose  reports  on  injuries  are  here  tabulated  were  permitted  to 
retain  the  position  in  which  the  injury  befell  them. 


WORKMEN'S   COMPENSATION  COMMISSION. 


81 


NATURE  OF  INJURIES  IN  FURNITURE  INDUSTRY. 


o 

8 

38 

4 

To  the  body                              

7 

c 

4 

g 

7 

7 

4 

11 

66 

1  o 

49 

IN 

FURNITURE  FACTORIES  IN  GRAND  RAPIDS. 

Compensation. 

I 

!  Employes'  associations. 

No.  of  cases  in  which  payment  was  made. 

From  the 
furniture 
company. 

From  the 
insurance 
company. 

Total  of 

payments. 

No.  of  cases 
in  which 
payment 
was  made. 

Amount 
unknown. 

Furniture 
company. 

Insurance 
company. 

'Amount 
unknown. 

$24  75 

0 

1 

0 

0 

0 

0 

0 

17  50 

0 

1 

1 

1 

0 

0 

5  00 

0 

1 

0 

0 

"6" 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

15  00 

0 

1 

1 

1 

..  .  „. 

0 

0 

0 

0 

0 

0 

0 

0 

0 

.  .  „  . 

1 

1 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

3 

3 

0 

0 

0 

0 

0 

0 

0 

0 

1 

1 

$20  00 

1 

20  00 

0 

2 

1 

1 

0 

0 

26  25 

0 

1 

0 

0 

"  "6" 

54  00 

1 

0 

0 

0 

0 

0 

0 

0 

0 

2 

2 

1 

1 

0 

0 

30  00 

0 

1 

0 

0 

0 

0 

0 

29  75 

0 

2 

0 

0 

0 

0 

0 

80  00 

5 

12 

0 

0 

0 

20  00 

2 

0 

0 

0 

0 

0 

0 

0 

0 

146  50 

1 

9 

11 

9 

$205  00 

15  00 

2 

0 

0 

0 

5 

4 

4  00 

1   67 

1 

3  00 

2 

3 

1 

1 

.  .  „ 

0 

0 

6  00 

0 

1 

0 

0 

0 

0 

0 

0 

0 

1 

1 

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0 

0 

0 

0 

0 

0 

0 

-    0 

0 

43  00 

0 

2 

'0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

11   00 

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2 

3 

3 

0 

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5  00 

0 

1 

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0 

0 

0 

0 

15  00 

o 

1 

1 

1 

20  83 

1 

136  50 

0 

8 

4 

3 

t2,500  00 

0 

0 

$614  25 

14 

55 

31 

27 

$2,709  00 

$131   50 

8 

11 


82 


EMPLOYERS'    LIABILITY   AND 


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*One  of  the  press  feeders  injured  in  the  carton  manufacturing  industry  was  totally  disabled  for  one  day  and  partially  disabled  for  five  more  days. 
tThe  amount  given  for  medical  expenses  caused  by  the  accident  to  the  machinist  engaged  in  making  threshers  includes  a  $2.00  hospital  bill- 
for  the  injury  to  the  millwright  in  the  same  industry  includes  a  $3.00  hospital  bill.  .  .  . 
It  was  found  impossible,  because  of  lack  of  time,  to  canvass  the  large  cereal  manufacturing  concerns  in  the  Battle  Creek  district,  and  therefore  none  of  their 
reports  appear  in  this  table. 

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II 


EMPLOYERS'    LIABILITY    AND 

TABLE  XII.— EMPLOYERS'  GENERAL 


Industry  and  occupation. 

Non-fatal 
injuries. 

Disability. 

Compen 

Tem- 
porary. 

Per- 
manent. 

Employer. 

Manufacturer  fruit  packages  and  boxes: 
Machinist             .            

1 
1 

1 

2 
1 
1 

1 

4 
1 
1 
1 
1 

1 
1 

Sawyer 

1 

i 

Manufacturer  buggies: 
Spindle  carver 

Manufacturer  baskets: 
Sawyer                                             .    .        .... 

2 

i 
i 

i 

$54  00 
18  00 

Printer 

Peeler                               

Machinist 

10  00 

Manufacturer  pianos: 
Machinist                                                                 ...    . 

3 
1 

1 
1 

1 

Watchman          

Foreman                                                      

30  00 

Fireman 

Polisher                   .                                    

Total            .                

16 

9 

7 

$112  00 

There  were  no  fatal  accidents  in  this  locality. 

The  investigator  who  secured  these  reports  was  careful  to  obtain 
information  upon  the  guarding  of  the  machines.  It  is  to  be  noticed  that 
every  accident,  caused  by  machinery,  was  upon  an  unguarded  machine. 

No  releases  were  signed  and  no  settlements  were  made. 


TABLE  XIII.— EMPLOYERS'  GENERAL 


Industries  reporting. 

Injuries. 

Compensation. 

Fatal. 

Non-fatal. 

First  aid. 

Doctor. 

Wages. 

Other. 

Beet  sugar  manufacturer  
Leather  manufacturer  
Match  manufacturer  
Sheet  metal  manufacturer..  .  . 
Machinery  manufacturer  

Knitting  mill 

1 
0 
0 
0 
0 

0 
0 
1 
1 
1 

1 
0 
0 

1 

0 

13 
0 
7 
0 
3 

0 
25 
6 
30 
38 

13 
14 
70 
16 

4 

$3  00 
0 
60  00 
0 
10  00 

0 
101  00 
25  00 
130  25 
80  45 

6  50 
88  75 
290  00 

10  50 

$134  00 
0 
105  00 
0 
0 

0 

179  00 
0 
140  25 
0 

38  00 
114  25 
.  .  „  . 

0 

$15  30 
0 
0 
0 
0 

0 
300  00 
0 
345  56 
0 

0 
0 
526  45 
0 
33  00 

0 
0 
0 
0 
$33  00 

0 
0 
0 
25 
0 

16 
0 
175  00 
0 
0 

Robe  manufacturer  
Furniture  manufacturer  
Foundaries  

Coal  mining.  .  .          

Public  utilities  

Boiler  makers 

Wash  boards  

Plate  glass 

Miscellaneous  manufacturers.. 

Total 

6 

239 

$745  45 

$710  50 

$1,220  31 

$249  00 

Deducting  the  amounts  spent  by  the  beet  sugar  manufacturer,  who 
carried  no  insurance,  from  the  total  of  fiirst  aid,  doctor,  other,  settle- 
ments and  damages,  totals,  which  difference  was  subtracted  from  the 
total  paid  for  insurance,  we  find  that  the  employers  in  this  table  paid 
the  insurance  companies  |7,08i.l5  more  than  was  spent  upon  injured 


WORKMEN'S    COMPENSATION    COMMISSION. 
REPORTS  FOR  VAN  BUREN  COUNTY. 


89 


sation. 

Days  lost. 

Machine  guarded. 

Nationality. 

Now 
employed. 

Insurance 
company. 

Medical. 

Yes. 

No. 

Native. 

Foreign. 

$10  00 
10  00 

2  00 

20  00 
6  00 
10  00 
10  00 

27  00 
5  00 
5  00 
3  00 
5  00 

19 
60 

6 

52 
12 
30 
13 

» 
54 
6 
12 
13 
17 

1 
1 

1 

1 
1 
1 
1 

2 

"i 
i 

$10  00 

1 

2 
1 
1 
1 

3 

i 

1 

2 
1 
1 
1 

4 
1 
1 
1 

1 







$10  00 

$115  00 

292 

10 

14 

11 

None  of  the  workmen  injured  in  this  locality  were  foreigners,  and 
an  unusual  number  of  them  were  retained  in  the  positions  in  which  the 
accidents  befell  them. 

In  none  of  these  accidents  was  another  person  connected  with  the 
injury. 

REPORTS  FROM  SAGINAW. 


Amount  pai< 

I  in. 

Pair!  fnr 

"Rfltp  r»f 

Cost  of 

A.vcr<i£6  .No. 
employes. 

i  diKi  ior 
insurance. 

-tvaie  01 
insurance. 

J.  0  1  3,1  WtlgCS 

paid. 

Settlement. 

Damages. 

legal 

Funeral. 

Dept. 

$375  00 

$4  10 

$381   94 

0 

1,647 

0 

0 

$514,139  04 

0 

0 

0 

0 

100 

$75  60 

$0.1370 

54,849  10 

0 

1,125  00 

0 

0 

70 

217  01 

.50 

31,330  95 

0 

0 

0 

0 

83 

376  58 

.41-2.70 

30,934  56 

0 

0 

0 

0 

25 

51  75 

.291 

17,782  60 

0 

0 

0 

0 

50 

25  00 

.238 

10,500  00 

0 

0 

0 

0 

370 

472  50 

.315 

150,000  00 

116  39 

0 

10  00 

0 

275 

374  20 

.21 

177,795  16 

132  00 

0 

0 

0 

366 

1,303  96 

.4250 

212,087  33 

0 

0 

0 

0 

1,301 

3,452  25 

.399 

863,452  25 

0 

0 

0 

0 

435 

919  87 

.39 

233,596  32 

0 

0 

0 

0 

200 

1,452  50 

2.925 

120,298  81 

275 

157  90 

393 

100,  000  '00 

0 

0 

0 

0 

300 

1,232  92 

.43 

203,989  07 

3,500  00 

o 

o 

o 

151 

336  04 

97,196  81 

$4,123  39 

$1,129  10 

$391   94 

0 

5,648 

$10,448  08 



$2,817,952  00 

workmen.     In  addition,  these  employers  spent  f  1,612.25  as  a  total  cost 
of  legal  department  and  wages  to  injured  employes. 

S3/9%  of  men  employed  were  injured. 

f  .612  is  the  average  rate  of  insurance. 


90 


EMPLOYERS'    LIABILITY    AND 

TABLE  XIV.— MISCELLANEOUS   INDUSTRIES 


Industry  and  occupation. 

No. 

injured. 

Fatal. 

Disability. 

Compensation. 

Tem- 
porary. 

Per- 
manent. 

Employer. 

Insurance 
company. 

Paper: 
Filer  

1 
1 
1 
1 
2 
2 

2 
1 

1 
3 

1 
1 
12 
1 

1 

1 
1 
1 

$10  00 
31  00 
31  50 

"ijsoo'oo 

55  00 

Helper. 

$18  00 

Machinist  

Engineer. 

1 

142  50 
140  00 
5  00 

11   50 
1,200  00 

10  00 
177  00 

Firem^r  i&  

2 

Laborer  

2 

Metal  manufacturers: 
Machinist   .    . 

2 

Cement: 
Grinder  

1 

Leather: 
Roller  

1 

Laborer. 

3 

20  00 
10  00 
287  00 
500  00 
5  00 

Extracts,  chemical  and  alkali  works: 
Chopper  

1 
"8 

i 

Pipe  fitter  

i 
i 

1 
3 

"35  '66' 

Laborer. 

Brakeman  

Car  repairer  

Total  

31 

5 

14 

12 

$1,739  00 

$2,449  50 

Of  14  families  reported,  the  average  membership  was  5  '_'  7. 

Of   3    funeral    expenses    paid    by    employers    ($60.00,    $60.00,    $200.00)    the    average    was 

Of  81  men  reported  as  injured,  9  returned  after  the  injury  to  their  positions. 

In  8  cases  the  injured  parties  signed  releases. 

In  3  cases  it  was  reported  that  other  members  of  the  family  contributed  to  the  family 
income,  ($8.00,  $7.00  and  .$25.50  per  week),  a  total  of  $40.45,  an  average  contribution  o'f 
$13.48  per  week. 


WORKMEN'S    COMPENSATION    COMMISSION. 
FOR  ALPENA  COUNTY. 


91 


Compensation. 

Medical 
expense. 

Days 
lost. 

Daily 
wages. 

Loss  of 
wages. 

Nationality. 

Other 
insurance. 

Work- 
men's. 

Settle- 
ments. 

Native. 

Foreign. 

$70  00 

'ssi'oo 

31  50 
142  50 
1,500  00 

"$io'66 

102 

75 
38 
38 

$1  65 
1  65 
1  75 
3  65 

$168  30 
123  75 

1 

1 



1 

1 

$40  00 

2 
1 

2 

1 
1 

1 
1 
10 

"i" 

10  00 
10  50 

10  00 
37  00 

20  00 
10  00 
228  00 
10  00 
5  00 

64 
45 

i  75 
2  25 
2  70 

66  50 
33  25 

1 

1,000  00 

18  00 

1,200  00 

19 
220 

39 
52 
168 

"19" 

2  25 
3  48 

24  75 
145  95 

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20  00 

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1  65 
2  00 
2  00 

31  35 

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$1,070  00 

$58  00 

$3,425  00 

$350  50 

879 

$631  85 

1 

21 

10 

Average  days  lost,  33  4-5. 

Average  wages   (wages  given  in  15  cases).  $1.89  per  day, 

Average  loss  of  wages  because  of  injury-  $63.69. 

Average  compensation  from  Insurance  Co.,  $126.82. 

Average  medical  expense,  $15.74. 

Average  cost  of  settlements,  $489.28. 


92 


EMPLOYERS'    LIABILITY    AND 


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WORKMEN'S    COMPENSATION    COMMISSION. 


93 


AGRICULTURAL  ACCIDENTS. 

Three  counties  were  investigated  for  accidents  to  farm  laborers.  The 
tables  on  pages  94,  95  and  96  display  the  result  of  the  investigators' 
labors  in  that  field.  These  tables  have  been  referred  to  on  page  12  of  the 
report  and  illustrate  the  reasons  for  the  conclusion  of  the  commission 
relating  thereto. 


THE  MANUFACTURING  FIELD. 

The  tables  immediately  following  the  agricultural  statistics  relate 
exclusively  to  the  industrial  field.  In  Oakland  county  95  injured  em- 
ployes received  as  compensation  $4,177.90  for  a  loss  of  1,237  days.  This 
was  an  average  compensation  of  approximately  f 44.00.  In  a  group 
of  accidents  in  the  furniture  industry  in  Grand  Rapids  30  injured  men 
received  a  total  of  $846.00,  an  average  of  $28.20  for  a  loss  of  59  days' 
work  per  man.  Another!  group  of  169  men  in  the  same  industry  received 
a  total  of  $3,454.70,  an  average  of  $20.44. 


TABLE  XXXVI.— PERCENTAGES  OF  FIRMS  CARRYING  LIABILITY  INSURANCE. 


Total 
reporting. 


Carry 
insurance. 


Do  not 

carry 

insurance. 


Per  cent. 


Autos 

Cereal 

Brass  goods 

Breweries 

Building  material 

Brick  manufacturer 

Chemists 

Contractors 

Cigar  manufacturers 

Foundaries 

Furniture 

Iron 

Laundries 

Leather 

Lumber 

Lumber  allied 

Millers 

Mining 

Metal  goods 

Machinery 

Municipalities 

Paints 

Paper 

Printing 

Public  utilities 

Sugar 

Steel . . 

Shoes 

Unclassified 

Vehicles 

Wearing  apparel 

Wire 


75 
66 
60 


33 

16 

100 

00 

77 

73 
100 
43 
70 
75 

87 
40 
16 
88 
62 

00 
100 
87 
83 
90 
00 

50 
83 
68 
66 
66 
66 


Total.  . 


472 


321 


151 


Sixty-eight  per  cent  of  firms  reporting  carry  liability  insurance. 


94 


EMPLOYERS'    LIABILITY    AND 


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WORKMEN'S    COMPENSATION    COMMISSION. 


95 


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EMPLOYERS'    LIABILITY    AND 


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IS! 

Slipped  on  ice  and  broke  leg  
Fell  from  cart  and  broke  wrist 
Fell  from  hav  mow  and  dislocated  shou 
Shoulder  dislocated  
Arm  broken  by  separator  

C'ut  hand  while  shearing  sheep,  lost  fine 
Shoulder  dislocated  
Leg  broken  
Ratchet  slipped  and  fractured  jaw.  . 
Kicked  by  horse  

Hip  dislocated  while  running  buzz  saw 
Lost  two  fingers  while  feeding  corn  husk 
Lost  middle  finger  
Two  ribs  broken  from  fall  
Kicked  by  horse,  breaking  leg  
Injured  hand  

Run  over  by  separator  and  killed  
Run  over  by  harrow  and  killed  
Blood  poisoning  from  cut  
Injured  hand  on  pitch  fork  
Kicked  by  horse,  breaking  two  ribs  .  .  . 
Blood  poisoning  from  cut  

yet  settled. 



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WORKMEN'S    COMPENSATION    COMMISSION. 

:  :  :  :  :     :  :  :  :  :     :  :88  :     :8  :  :  :     :  :  :  :  :     :  :  :  : 


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325  00 


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Non-fatal 
injuries. 

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Industry. 

Cereal  products  
Candy  manufacturer  
Flake  food  manufacturer  .  .  . 
Lumber,  fuel  and  building 
supplies  
Structural  work  

Porch  column  manufacturer. 
Table  manufacturer  
Saddlery  
Printing  press  manufacturer 
Printing  ink  manufacturer.  . 
Thresher  manufacturer  

Steam  and  power  pumping 
machinery  manufacturer.. 
Steam  and  power  pumping 
machinery  manufacturer.. 
Thresher  manufacturer  
Air  register  manufacturer..  . 
Gas  stove  manufacturer.  .  .  . 

1 

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WORKMEN'S    COMPENSATION    COMMISSION. 


99 


a 

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:  :                       :     :            :                       :       : 

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rrH 

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fraternal  or- 
ganizations. 

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company. 

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; 

rH 

100 


EMPLOYERS'    LIABILITY    AND 

'  TABLE  XL.— REPLIES  RECEIVED  AS  TO  TWENTY-ONE 


Cause  of  accident. 

Amount  paid 
family. 

Other  expense. 

Action  brought. 

Coat    wound    around    shafting    while 

$400  00 

None 

None 

putting  on  a  belt. 

1  400  00 

None 

Suit    was    brought 

take  him  'out  and  a  scuffle  followed 
in  which  deceased's  neck  was  broken. 

97  00 

$112  00 

but    settled    for 
$1,400.00. 
None  

575  00 

None            .    .    . 

None                » 

machinery. 
Working  on  snowplow*  struck  by  an 

204  45 

96  00 

None    

interurban  car  going  'in  the  opposite 
direction. 
Feeding  a  gang  saw            

None  

Medical  and  funeral 

Suit     brought     for 

$300  by  the  Castile 

Deceased    paid    $1 

$20,000. 
None 

side  and  squeezed  deceased  between 
it  and  the  wall. 
Clothing    caught    in    machinery    and 

Mine  Club. 
None  

per     month     for 
medical  services. 
Doctor  bills  paid  by 

Suit  brought;  noth- 

body whirled  around. 
Hit   by   a    trip    hammer    which    was 

$9  00  per  week  for 

Accident  Co. 
$80-  funeral,  house 

ing  heard  from  it. 
None  

loosened  by  a  fellow  employe. 

1  year. 
None 

rent  $12. 
Doctor  and  funeral 

None  

$500  00 

Funeral 

None 

going  down  the  strains. 

None 

Funeral 

None                    .  .  . 

Collapse  of  fire  wall  in  wind  storm;  two 
killed. 

$500  each  

Dr.  and  funeral..  .  . 
None 

None  
None 

through  a  chute;  subject  to  fits. 

$1  000  00 

None  

None  

Operating  a  duplex  boring  mill;  cloth- 
ing caught  and  body  was  carried  be- 
tween the  shafts. 

$300  offered  but  re- 
refused. 

Paid   by   insurance 
company. 

None 

Claim  placed   with 
an  attorney.    No 
action  yet. 
None            

casing  burst  and'  killed  him*.     Had 
no  business  there  in  testing  room. 

$254   paid   by   in- 

$90 •     funeral     ex- 

None                    .  . 

of  car  breaking  back. 

surance  company. 
$800'  house  and  lot 

penses. 
None 

None                     .  . 

he  had  been  warned  against.     No- 
body saw  the  accident. 

$500. 
$200  00 

None 

None 

and  body  wound  around  shaft  

$390  00 

Doctor  bill  paid  by 

None  

insurance  Co. 

WORKMEN'S    COMPENSATION 
FATAL  ACCIDENTS  IN  MICHIGAN  PLANTS  DURING  1909. 


101 


No.  of  family. 

Time  employed. 

Wages. 

How  taken  care  of. 

3  years  

$15  per  week..  .  . 

Covered    by    insurance         Liability 

13  years  

$13  per  week..  .  . 

company  gave  $200,  the  estimated 
cost  of  defending  a  suit. 
Covered  by  insurance 

9  months  

$1.50  per  day  .  .  . 

Covered  by  insurance 

Father  and  mother  
Not  given        

2  months  
3  months  

$1.50  per  day.  .  . 
$65  per  month  .  . 

Covered  by  insurance. 
Not  covered  bv  insurance. 

Wife  and  child         

Several  years.. 

$13.50  per  week. 

Covered  by  insurance. 

Wife  and  several  children.. 
Three 

Several  years.. 
4£  years  

$80  per  month... 
$18  per  week..  .  . 

Not  covered  by  insurance. 
Not  given;  deceased  was  insured  with 

Wife  and  child 

2  years 

$1  50  per  day  & 

accident     company.     Family     col- 
lected $1,200.00. 
Not    covered    by    insurance;    widow 

Brother  and  sister  
Wife  and  4  children  

Several  years.. 
3i  months.  .  .  . 

overtime. 

$50  per  month  .  . 
15  cents  per  hr.  . 

received    several    hundred    dollars 
from  some  society. 
Not  given. 
Not  covered  by  insurance. 

None 

10  years  

$2.60  per  day  .  .  . 

Not  covered  by  insurance. 

Not  known  

Some  time.  .  .  . 

$1  per  day  

Not  covered  by  insurance. 

Brother  

1  to  2  years  .  .  . 

Not  given  

Not  covered  by  insurance. 

Wife  and  2  children 

2  year5? 

$60  per  month    . 

Not  covered  by  insurance. 

Single  

20  months.  .  .  . 

24  cents  per  hr.  . 

Covered  by  insurance. 

None 

3  months 

$60  per  month..  . 

Not  covered  by  insurance. 

Single  

2  months  

$1.55  per  day  .  .  . 

Covered  by  insurance. 

Single  father  and  mother 

5  months 

$1  60  per  day   .  . 

Not  covered  by  insurance. 

Single  

Over  2  years.  . 

$40  per  month  .  . 

Not  given.     Member  of  "Tamarack 

Wife  and  2  boys  

Several  years.. 

$15  per  week..  .  . 

Aid  Fund." 
Covered  by  insurance. 

102 


LIABILITY    AND 


| 

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WORKMEN'S    COMPENSATION    COMMISSION. 


103 


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Forty-nine 
$13.01,  whil 

104 


EMPLOYERS'    LIABILITY    AND 

TABLE  XLIII.— REPORT  OF  MISCELLANEOUS 


Occupation. 

Aggregate 
number 
injured. 

Fatal. 

Days  lost. 

Release 
signed. 

Nationality. 

Native. 

Foreign. 

Billiard  cushion  maker 

1 

1 
1 
4 
1 
9 
1 
3 
1 
1 



52 
52 
28 
78 

1 

1 
2 
1 
6 

2 

1 
1 

Cable  splicer             .    . 

1 

Electric  car  motorman  

Laborer  

2 

Lineman  

1 

Machinist  

72 
160 
33 
13 
52 

2 

2 

1 
1 

Millwright 

Sawyer 

Teamster 

Varnish  rubber 



Total 

23 

1 

540 

2 

7 

15 

*Amount  not  given, 
t Wages  not  given. 
JSame  man  injured. 


WORKMEN'S    COMPENSATION   COMMISSION. 
INDUSTRIES  FOR  MUSKEGON. 


105 


Disability. 


Tem- 
porary. 


Per- 

manent. 


Con- 

tinued 

employ- 

ment. 


Guarded 
machine. 


Yes. 


No. 


Compensation. 


Employer. 


Insurance 
company. 


Fellow 
work- 
men. 


Settle- 
ments. 


>•    a 


J       t       J 

1  Hi 

§  ..-  .'»'3 

:  1  Is 
1  1  « 


s  11 


s 


,  paid 
$57.00. 


by  scaffold 
broken;  pa 


ll 
III 

§.  > 

$159 


oldi 
0.00. 


str 
00. 
han 


J  Mach 
$2, 
*Sawy 


$2,350 


106 


EMPLOYERS'    LIABILITY    AND 

TABLE  XLIV.— REPORTS  ON  RESULT  TO 


Days 
lost. 

Daily 
wage. 

Wage  loss. 

Expenses 
of  injury. 

Compensation  and  aid. 

Employer. 

Others. 

Wages. 

Medical 
expenses. 

Other. 

Insurance 
company. 

Work- 
men's or 
employe's 

Ass'ns. 

1 
12 
305 
7 
15 

5 

54 
72 
10 
6 

3 
8 
396 
10 
6 

10 
12 
90 
3* 
196 

.156 
24 
72 
36 
6 

72 
270 
54 
48 

$3  00 
1  00 
2  00 
2  75 
1  65 

3  20 
3  50 
3  50 
4  60 

$3  00 
12  00 
610  00 

19  25 
24  75 

16  00 
189  00 
252  00 
46  00 

0 

"$266'66' 

3  00 
10  00 

"6"  ' 

0 

0 
0 

$18  00 
7  50 
0 

0 
0 

0 
0 
0 
0 

$10  00 
0 

0 
$80  00 
0 
0 
0 

0 
0 

0 
0 
0 

$9  80 
0 

0 

"eso'oo" 

0 
0 

0 
0 
60  25 
0 
0 

7  50 
0 
0 
0 
0 

"6" 

0 
0 
250  00 

0 
0 

0 
0 
$40  00 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

7  50 
0 
0 
0 
0 

55  00 
0 
0 
0 
17  00 

0 
0 

0 
0 

0 
0 
26  00 
0 
0 

0 
0 
0 
0 
0 

750  00 
0 
0 
54  00 
0 

0 
0 
42  00 

0 
6  00 

0 
0 
0 
0 
0 

1   50 
0 
0 
0 
30  00 

0 
0 
0 

0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
100  00 

50  00 
0 
0 
0 
50  00 

0 
0 

2  25 
3  50 
2  00 
3  20 
3  20 

1   50 
2  00 
1   90 
1   95 
1  85 

5  00 
3  00 
1  90 
1   50 
4  00 

1  70 
2  05 
2  00 
1   90 

6  75 
28  00 
792  00 
32  00 
19  20 

15  00 
24  00 
171  00 
6  83 
362  60 

780  00 
72  00 
136  80 
54  00 
24  00 

122  40 
553  50 
108  00 
91    20 

0 
75  00 
24  75 
16  00 

4  45 
0 
15  00 

150  00 

90  00 

"s'oo" 

0 
0 

25  00 

1.959J 

$4,571   28 

$593  20 

$897  50 

$47  50 

$280  00 

$1,002  55 

$119  50 

1  Could  not  do  full  work  for  eight  weeks. 

2  Will  never  be  able  to  work  again.     Loans  made  by  fellow  workers.     Aid  from  relief  association. 

3  The  company's  doctor. dressed  the  wounded  hand  once  each  day  for  three  months.     Could  not 
do  full  work  for  two  weeks  after  his  return  to  work. 

4  Got  nothing  from  relief  association  to  which  he  belonged. 

5  Got  nothing  from  relief  association  to  which  he  belonged.     Cases  reported  in  the  seventh  and 
eighth  lines  from  the  top  are  two  separate  injuries  at  different  times  to  the  same  person,  though  in  the 
same  employment.     B— This  was  a  settlement  of  both  claims. 

6  Received  aid  from  poor  commission,  amount  not  given. 

7  Was  offered  $500.00  settlement. 


8  Wrist  stiff  and  weak  permanently. 

9  Church  contributed  aid. 


WORKMEN'S    COMPENSATION    COMMISSION. 
EMPLOYES  OF  DETROIT  COMPANIES. 


107 


Compensation  and  aid. 

Suit  brought. 

Release  signed. 

Family. 

Others. 

Single. 

Married. 

No.  in 
family. 

Effect  upon. 

Religious 
or  fraternal 
Ass'ns. 

Relatives. 

0 
0 
0 
0 
0 

0 
0 

0 
0 
$155  00 
0 
0 

0 
0 

1 

1 

0 

"i" 

0 
3 
2 

1 
2  Wife  went  to  work. 

3 
4 
5 
6 

7 
8 

9  Wife  went  to  work. 
10  Two  children  went  to  work. 

11 
12  Widow  and  eldest  girl  went  to  work. 

13  Wife  went  to  work. 
14  Eldest  daughter  supports  family. 
15 
16  Two  children  left  school. 

1 
1 

1 
1 
1 
1 
1 

i 
i 

i 
i 

.  .  „ 

i 
i 
i 

i 
"i" 

2 
3 
3 

'  '4' 
"2" 

10 

2 
2 

5 

4 
8 
4 
9 

5 
"3" 

1 
1 

1 

1 

0 

0 
0 
0 
0 
0 

0 
0 

$75  00 
0 
0 

0 
0 
0 
0 
75  00 

24  00 
0 

0 
0 

0 
0 
400  00 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
100  00 

0 
0 

1 

1 

1 

"i" 

i' 
i 

i 

i 
i 
i 
i 

9 

6 

7 
6 
4 

$174  00 

$655  00 

4 

4 

~21 

103 

10  Lost  his  hand. 

11  The  employer  paid  all  expenses. 

12  Employers  paid  funeral  expenses  only.     Received  aid  from  associated  charities  and  poor  com- 
mission.    Suit  is  now  pending.     Life  insurance  policy  of  $1,000.00  expired  just  one  week  before  the 
injury  occurred,  and  because  the  injured  man  had  been  out  of  work  for  some  time  and  his  wife  had 
not  been  in  good  health,  he  could  not  renew  it. 

13  Aid  from  poor  commission.     The  employer  of  this  injured  man  offered  a  $300.00  settlement, 
but  it  was  refused. 

14  This  man  will  never  be  able  to  work  again. 

15  Could  not  do  full  work  for  one  week  after  he  returned.     This  man  moved  his  family  into  a  house 
where  the  rent  was  cheaper.     He  was  permanently  injured. 

16  Could  not  do  full  work  for  four  weeks  after  his  return. 


108 


EMPLOYERS'    LIABILITY    AND 

TABLE  XLV—  EMPLOYERS'  GENERAL  REPORTS 


Industry. 

Injured. 

First  aid. 

Medical. 

Hospital. 

Fatal. 

Non-fatal. 

Automobiles  and  allied  manufacturers..  .  . 
Automobiles  and  allied  manufacturers..  .  . 
Automobiles  and  allied  manufacturers..  .  . 
Automobiles  and  allied  manufacturers..  .  . 
Automobiles  and  allied  manufacturers..  .  . 

Automobiles  and  allied  manufacturers  
Automobiles  and  allied  manufacturers..  .  . 
Automobiles  and  allied  manufacturers..  .  . 
Automobiles  and  allied  manufacturers..  .  . 
Automobiles  and  allied  manufacturers..  .  . 

Automobiles  and  allied  manufacturers..  .  . 
Automobiles  and  allied  manufacturers..  .  . 
Automobiles  and  allied  manufacturers..    . 

0 
0 
0 
0 
0 

0 

0 
78 
0 
35 
5 

0 

0 
$111  44 
0 
50  00 
0 

0 

0 
0 
0 
$200  00 
0 

0 

0 
0 
0 
$25  00 
0 

0 

0 
0 

1 

0 

30 
57 

78 

4 

0 
0 

1,628  00 

0 
0 

200  00 

68  00 
0 

0 

Automobiles  and  allied  manufacturers..  .  . 
Automobiles  and  allied  manufacturers. 

0 

35 

408  25 

11  25 

Automobiles  and  allied  manufacturers..  .  . 
Automobiles  and  allied  manufacturers 

2 

212 

Automobiles  and  allied  manufacturers..  .  . 
Automobiles  and  allied  manufacturers..  .  . 

Automobiles  and  allied  manufacturers..  .  . 
Bakers 

0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 

0 
0 

1,202 
525 

17 
0 
0 
3 

1,000  00 

1,113  33 

200  00 

34  50 

Brass  manufacturers     

0 
0 
15  00 

0 
9  00 
75  00 

0 
0 
0 

0 
0 

0 
0 
0 

0 
0 

Brass  manufacturers 

Brass  manufacturers  

Brick 

0 
12 
35 

1 
0 

0 

Breweries  ... 

Breweries 

Building  material                

20  00 

Chemicals 

Chemicals 

0 

0 

0 

Chemicals 

Chemicals 

495 
10 

0 
1 

1 
16 

1 

20 
0 
0 
0 
6 

0 
1 
0 
2 
3 

5 
3 
10 
1 
2 

1 
0 

47 
2 

0 
21  00 
h 

0 
0 
0 
0 

0 
0 
0 

0 
10  00 
0 
0 

2,597  66 
0 
0 

0 
0 
0 
0 

Clothing..  . 

Clothing. 

Clothing... 

Cigars 

Contractors  

Contractors  

Furniture  

Furniture  

0 
0 
50  65 
0 
0 

0 
60  00 
22  00 
0 
0 

0 
0 
0 

"6" 

0 
0 

147  82 
0 

0 
0 
604  00 
0 
34  50 

0 
0 
46  00 

0 
0 
0 
0 
0 

0 
0 
0 
0 
30  00 

0 
0 
0 

Furniture  . 

Furniture 

Furniture..      .  .                             .    . 

Furniture 

Furniture 

Furniture  

Jewelery.  etc. 

Jewelerv  etc 

Lumber  

75  00 

0 
0 
83  00 
10  00 
0 

5  00 
0 

741  00 
0 

Leathers  

Leathers 

leathers  

Leathers  . 

Laundry  

0 

0 
0 

37  00 
0 

Laundry 

Laundry  

Miscellaneous: 
Adding  machines  .  . 

Boilers  

WORKMEN'S    COMPENSATION    COMMISSION. 
FROM  DETROIT,  JANUARY  1,  1910— JULY  1,  1911. 


109. 


Wages. 

Settle- 
ments. 

Others. 

Paid  for 
insurance. 

Rate  of 
insurance. 

Average 
daily 
wage. 

Average 
No.  of 
employes. 

Total  wages 
paid. 

0 
0 
0 
0 
$200  00 

0 
0 
0 
$50  00 
0 

0 

0 
0 
0 
$50  00 
0 

0 

0 

$285  30 
0 
350  00 
36  25 

638  09 

0 
$0.150 
0 
.180 
.250 

.373 

$1  06 
2  53 
2  97 
2  38 
1  23 

1  49 

483 
300 
18 
300 
60 

375 

$132,102  30 
190,224  99 
13,379  20 
179,000  00 
18,500  00 

170  841  00 

2  32 

1   165 

824  988  61 

2,963  66 

.235 

1  800 

1  261*132  55 

0 
0 

324  00 

0 
0 

550  00 

0 
0 

100  00 

1,288  52 
396  00 

603  34 

.360 
.283 

.200 

1  39 
1  66 

1  88 
2  07 

600 
275 

195 
500 

355,000  00 
140,000  00 

112,133  41 
315  815  75 

800 

225*000  00 

135  00 

2  085  00 

1,904  83 

.26 

1  380 

822  178  93 

1,165 

824  988  61 

6  098  03 

.161 

2  34 

5  447 

3  837  179  76 

5  202  64 

2  03 

433 

264  305  76 

2,868  10 

.23 

1  38 

3  000 

1   247  000  00 

1,646  03 

4,531  61 

2,424 

50  00 

405  58 

.20 

850 

37  50 

25 

0 

o 

0 
1  800  00 

0 
125  00 

0 

o 

0 
0 

2  46 

10 
225 

7,500  00 

0 

0 
0 

0 

0 
100  00 

0 

0 
13  00 

247  15 

0 

288  86 

.156 

0 
.30 

1  52 
2  17 

340 

15 
200 

157,678  10 
9,949  57 

153  15 

.50 

60 

0 

30 

11  787  08 

24 

10  000  00 

0 

o 

0 

0 

0 

o 

0 
0 

2  48 

8 
2  135 

6,052  00 

3,065  74 
0 
0 

0 
0 
0 
0 
63  00 

0 
100  00 
0 

0 
0 
50  00 
0 

7,326  00 
0 
0 

0 
0 
0 
0 

0 
527  31 
130  62 

25  00 
0 
194  42 
2,853  38 
3  900  00 

0 
.155 
.080 

.111 
0 
1.050 
.754 
.25 

2  29 
1  21 
85 

1  22 
1  63 
1  84 
3  10 

1,400 
900 
700 

60 
600 
28 
400 
25 

979,596  45 
331,877  97 
181,475  57 

22,460  44 
300,000  00 
15,689  60 
378,319  93 
15  899  01 

0 
0 
906  42 
0 
0 

0 
36  00 
65  00 
0 
211  60 

115  00 
0 
70  00 
30  00 

0 
0 
0 
0 
0 

0 
0 
50  00 
0 
0 

0 
0 
1,300  00 

0 
0 
148  75 
0 
0 

0 
0 
0 
0 
0 

675  19 
0 
0 

480  34 
27  65 
301   60 
0 
216  62 

150  00 
0 
49  96 
0 
51  03 

251  00 
54  75 
0 
111  00 

.150 
.230 
.123 
0 
.200 

.333 
0 
1.000 
0 
.350 

.253 
.183 
0 
.153 

1  62 
1  34 
2.90 
1  76 
2  84 

3  28 
1  31 
1  32 
2  00 
1  88 

1  80 
1   92 
1  35 

646 
26 

275 
4 
125 

50 
50 
124 
18 
65 

180 
50 
988 
175 

320,229  33 
12,037  65 
243,297  02 
2,150  00 
108,309  41 

50,000  00 
20,000  00 
49,961   35 
11,000  00 
37,251  57 

99,032  00 
29,342  14 
408,626  89 
75,000  00 

0 

20  00 
0 

371  55 
0 

175  00 

0 
0 

1,150  00 
0 

0 

0 
0 

11  00 
0 

52  00 

150  45 
176  40 

971   17 
109  00 

.346 

.270 
.350 

.090 
.600 

82 

1  11 
1  65 

2  50 
2  15 

60 

225 
100 

1,362 
32 

15,000  00 

78,443  56 
50,400  00 

1,039,538  59 
21,000  00 

-110 


EMPLOYERS'    LIABILITY    AND 

TABLE  OF  EMPLOYERS'  GENERAL 


Industry. 

Injured. 

First  aid. 

Medical. 

Hospital. 

Fatal. 

Non-fatal. 

Bridge  material  
Color  manufacturers 

0 
0 
0 
1 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 

9 

0 
0 
0 
0 
0 

0 
0 
0 

0 

1 
1 

0 
0 
0 

1 

12 
0 
33 
5 
2 

0 
35 
2 
347 

4 

0 
3 
0 
0 
644 

0 
3 
0 
1 

2 

0 
18 
57 

45 

190 
18 
2 
0 
0 

4 

$11  15 
0 
116  00 
0 
4  00 

0 
246  75 
0 

786  24 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 

0 
252  14 

$305  00 
0 
198  00 
0 
0 

0 
0 
0 

$49  00 
0 
38  00 
0 
0 

0 
0 
0 

Cap  screws  etc.               

Gray  iron  foundry 

Hoisting  machinery  

Implement  machinery 

Light  castings                     

Machine  knives 

Marine  construction  etc  

Milk  cans  etc 

42  00 

0 
0 
0 
25  00 
973   17 

0 
0 
0 
0 
6  00 

0 
0 
0 

0 

30  00 
413  32 
0 
0 
0 

0 

0 

0 
0 
0 
0 
1,096  50 

0 
28  57 
0 
0 
0 

0 
340  00 
0 

0 
3,427  80 

"78'66 
0 
0 

50  00 

Milling                                         .    ... 

Machinist         .            

Newspaper                        

Picture  frames 

Railroad  cars  and  parts      

Refrigerators  and  machinery  

Sheet  metal 

Steel  fireproofing                    

Structural  steel 

Tin  cans 

Paint   etc                        

Paint   etc 

Public  utilities: 
Gas  company  

Electricity                                   .... 

Telephone  companv  

Wire 

0 
0 
0 

30  00 

Wire                    

Wire                                         

Paper                                    

Can  manufacturers 

Stove  manufacturers             

1 

0 
0 

0 
0 
0 
0 
0 

0 
0 
0 

1 
1 

0 

25 
0 
10 

1 
2 

197 
12 
1 

12 
0 
8 
18 
190 
0 

66  00 
0 
83  00 

0 
35  00 
102  66 
11   02 
0 

0 
0 
0 
413  32 
800  44 
0 

22  65 
0 

0 
10  00 

Rubber  goods 

0 
0 

60  00 
0 
0 
0 
0 

0 
0 
10  00 
0 
252  14 
0 

Shoe  manufacturers  .         

Caskets                

Wood  and  iron  working  machinery  
Radiator  manufacturers  
Car  wheel  manufacturers  
Saw  manufacturers 

0 
0 

0 
0 
0 
0 
300  00 
0 

Stove  manufacturers 

Harness  manufacturers  

Wire 

Telephone              

Electricity                                       

Steam  heating          

Total 

19 

4,959 

$4,992  83 

$7,054  01 

$8,409  43 

WORKMEN'S    COMPENSATION    COMMISSION. 
REPORTS  FROM  DETROIT. — CONCLUDED. 


Ill 


Wages. 

Settle- 
ments. 

Others. 

Paid  for 
insurance. 

.  Rate  of 
insurance. 

Average 
daily 
wage. 

Average 
No.  of 
employes. 

Total  wages 
paid. 

0 
0 

$158  00 
0 
0 

0 
0 
0 

$202  47 
0 
0 
0 
0 

0 
0 
0 

$30  90 
0 
0 
0 
0 

0 
0 
0 

0 

$27  45 
387  00 
236  18 
34  58 

0 
664  87 
40  00 
3,957  10 
738  00 

0 
250  97 
0 
0 
10,704  86 

165  50 
114  57 
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15  00 
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0 
184  61 
200  00 

2,177  97 
4.968  34 

0 
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0 
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0 
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2  69 
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1  87 
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1  82 
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1,187 
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110 
120 
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9,671  25 
231,604  45 
107,038  56 
15,247  66 

4,000  00 
302,214  00 
12,498  12 
843,459  81 
127,126  00 

37,540  00 
75,000  00 
133,655  00 
5,000  00 
1,946,337  62 

45,000  00 
13,544  00 
12,498  12 
3,200  00 
15,000  00 

122,076  12 
77,248  09 
288,927  90 

349,575  75 

486.934  66 
1,780,611  00 
24,000  00 
5,811  55 
1,800  00 

9,800  00 
122,076  12 
708,109  71 
2,850  00 
1,946,337  62 

20,000  00 
164,937  73 
782,889  00 
51  ,567  52 
26,866  67 

65,000  00 
13,000  00 
23,696  42 
1,780,611  00 
486,934  66 
4,899  69 

0 

0 
0 
0 
0 
0 

0 
73  00 
0 
0 
16  00 

0 
0 

829  74 

0 

1,037  08 
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4,293  80 

0 
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1  81 
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1   53 
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2  38 
1   98 

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$13,747  81 

$16,351  73 

$14,268  19 

$73,431  54 

55,551 

$29,473,042  71 

EMPLOYERS'    LIABILITY    AND 


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Assemblers  —  Engine,  m 
Auto  top  fitters  
Auto  testers  
Babbiters  
Bench  hands  
Blacksmiths  

Body  fitters,  autos  
Boiler  hands  
Bolters  
Bucker  up,  auto  
Burring  machine  hands 
Carpenters  
Chammen  
Chippers  

Churking  machine  open 
Coremakers  
Drill  press  hands  
Electricians  
Engineers  
Fender  makers  and  fitte 
Finishers  
Firemen  

Foremen  
Forgers  
Gear  cutters  
Grinders  
Hammer  men  
Helpers  —  Machine  shops 
Inspectors  auto  parts  .  . 
Iron  handlers  and  work 

J.  and  L.  operators  .  .  .  . 
Laborers  —  Machine  shoj 
Lathe  hands  
Linemen  
Machinists  
Machine  hands  
Milling  machine  hands  . 
Millwrights  

WORKMEN'S    COMPENSATION    COMMISSION. 


113 


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Punch  press  hands. 
Radiator  hands  .  .  . 
Reamers  
Repairers,  machines 
Riggers  
Riveters  

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Template  makers.  . 
Tinsmiths  
Tool  makers  
Tool  supply  men  .  . 
Truckers  
Unskilled  help—  Mis 
Woodworkers  

Totals  

15 


114 


EMPLOYERS'    LIABILITY    AND 

TABLE  XL VII.— EMPLOYERS'  GENERAL  REPORTS  FROM 


Industry. 


Injured. 


Fatal.        Non-fatal. 


First  aid. 


Medical. 


Automobiles  and  vehicles 

Automobiles  and  vehicles 

Automobiles  and  vehicles 

Boots  and  shoes 

Boots  and  shoes 

Bricks 

&Bricks 

Cigars 

Cigars 

Cigars 

Cigars 

Cigars 

Construction 

Construction 

Construction 

Construction 

Foundries  and  iron  works 

Foundries  and  iron  works 

Foundries  and  iron  works 

Foundries  and  iron  works 

Foundries  and  iron  works 

Foundries  and  iron  works 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture.. 
Furniture.. 
Furniture.. 
Furniture.. 
Furniture.. 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 


0 
0 

a$10  00 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 

9  00 
0 
0 


0 
0 
0 
0 

0 
0 
0 
0 
0 

0 

8  00 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

8  00 

0 

0 

0 

10  00 


0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 

$75  00 
0 
0 

0 
0 
0 
0 
0 

0 

139  00 

0 

0 

93  50 

0 
0 
0 
0 
52  00 

0 
0 
0 
0 
0 

0 

0 
80  00 

0 
38  50 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 


180  00 

0 

2  00 
91  75 


WORKMEN'S    COMPENSATION    COMMISSION. 
GRAND  RAPIDS.  JANUARY  1,  1910— JULY  1,  1911. 


115 


Hospital. 

Wages. 

Settle- 
ments. 

Others. 

Paid  for 
insurance. 

Rate  of 
insurance. 

Average 
No.  of 
employes. 

Total  wages 
paid. 

0 
0 

0 

$25  00 

0 
0 

0 
0 

0 

$139  11 

0 
$0.250 

40 
70 

$26,000  00 
55,645  32 

0 

0 

0 

0 

36  00 

.225 

32 

16,000  00 

0 

0 

0 

0 

67  50 

1.03 

128 

65,323  53 

0 

0 

0 

0 

45  50 

.135 

70 

36,285  11 

0 

0 

0 

0 

0 

0 

17 

14,278  61 

0 

4  00 

0 

0 

125  00 

.927 

50 

6,741  00 

0 

0 

0 

•   o 

0 

0 

30 

12,500  00 

0 

0 

0 

0 

0 

0 

22 

10,925  52 

0 

0 

0 

0 

0 

0 

250 

118,625  00 

0 

0 

0 

0 

0 

0 

8 

6,500  00 

0 

0 

0 

0 

0 

0 

20 

10,000  00 

0 

0 

0 

0 

900  00 

1.082 

140 

83,134  00 

0 

0 

0 

0 

112  70 

e      .370 

30 

15  ,000  00 

0 

0 

0 

0 

355  19 

1.383 

60 

25,673  47 

0 

0 

0 

0 

100  00 

.338 

75 

29,522  00 

0 

0 

0 

0 

0 

0 

27 

22,106  00 

$117  00 

0 

0 

g  $65  oo 

323  70 

.400 

105 

80,924  12 

0 

0 

0 

0 

116  18 

.260 

75 

44,683  00 

0 

0 

0 

0 

103  34 

.230 

50 

45,059  77 

0 

0 

0 

0 

508  63 

.288 

300 

176,607  71 

0 

0 

0 

0 

0 

0 

20 

19,808  62 

0 

0 

$200  00 

0 

73  01 

.200 

65 

36,505  02 

0 

0 

0 

0 

61   50 

.200 

50 

30,434  12 

0 

0 

0 

0 

90  27 

.200 

60 

39,779  49 

0 

200  00 

0 

i   100  00 

180  00 

.135 

250 

p  125,000  00 

0 

60  08 

0 

i   57  00 

363  50 

.160 

417 

230,711   11 

0 

0 

0 

0 

75  00 

.277 

56 

36,615  00 

0 

0 

0 

0 

70  00 

.149 

50 

46,970  37 

5  00 

26  25 

0 

i   161   98 

0 

0 

195 

130,019  31 

0 

0 

0 

0 

67  63 

.205 

41 

27,823  72 

0 

0 

0 

0 

110  78 

.240 

65 

45,334  21 

0 

0 

0 

0 

99  00 

.198 

170 

74,381   67 

0 

0 

0 

0 

251   94 

.180 

315 

149,192  36 

39  00 

0 

0 

0 

0 

0 

103 

70,000  00 

0 

0 

700  00 

0 

179  55 

.180 

175 

99,750  00 

1  00 

0 

0 

0 

228  00 

.120 

352 

217,138  97 

0 

0 

0 

0 

36  90 

.165 

30 

15,000  00 

0 

0 

0 

0 

155  00 

.109 

237 

142,686  22 

0 

0 

0 

0 

110  00 

.122 

135 

90,008  58 

0 

2  46 

0 

0 

552  00 

.200 

559 

276,000  00 

0 

0 

0 

0 

162  00 

.162 

160 

100,122  64 

0 

0 

0 

0 

191   93 

.130 

327 

147,199  00 

0 

0 

0 

0 

324  00 

.180 

340 

176,000  00 

0 

0 

0 

0 

110  00 

.222 

116 

59,947  97 

0 

0 

0 

0 

413  85 

.180 

442 

263,725  77 

0 

0 

0 

0 

27  71 

.250 

24 

8,507  13 

0 

0 

0 

0 

208  00 

.160 

275 

130,000  00 

0 

0 

0 

0 

312  31 

.180 

325 

200,193  10 

0 

0 

0 

0 

360  00 

.165 

400 

217,823  40 

0 

0 

0 

0 

45  00 

.180 

40 

24,117  64 

0 

0 

0 

0 

62  40 

.260 

50 

28,750  00 

0 

0 

0 

0 

28  00 

.135 

50 

21,000  00 

0 

0 

0 

0 

50  00 

.150 

60 

32,430  99 

0 

2  55 

0 

0 

94  96 

.180 

80 

56,500  00 

1  00 

0 

0 

0 

228  00 

.120 

352 

217,138  97 

0 

0 

0 

j   312  00 

0 

0 

571 

286,505  40 

0 

0 

0 

i   75  00 

0 

0 

400 

216,960  72 

0 

0 

0 

0 

0 

0 

70 

34,513  45 

0 

0 

0 

0 

0 

0 

423 

250,000  00 

116 


EMPLOYERS'    LIABILITY    AND 


EMPLOYERS'  GENERAL 


Industry. 


Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Furniture 

Interior  finish 

Interior  finish 

Interor  finish 

Interior  finish 

Interior  finish 

Carpet  sweepers 

Leathers 

Leathers 

Leathers 

Machinery  manufacturers.. 
Machinery  manufacturers.. 

Machinery  manufacturers . . 
Machinery  manufacturers.. 
Machinery  manufacturers.. 
Machinery  manufacturers.. 
Machinery  manufacturers.. 

Machinery  manufacturers.. 
Machinery  manufacturers.. 
Machinery  manufacturers.. 
Machinery  manufacturers . . 
Machinery  manufacturers.. 

Machinery  manufacturers.. 
Machinery  manufacturers.. 
Machinery  manufacturers.. 

Metals  manufacturer 

Metals  manufacturer 

Metals  manufacturer 

Metals  manufacturer 

Metals  manufacturer 

Milling 

Milling 

Milling 

Miscellaneous : 

Band  instruments 

Boiler  maker 

Brewing 

Brushes 

Cooperage 

Electroplating 

Excelsior 

Fly  paper 

Livery 

Livery 

Machinist 

Mirrors 

Photographers 

Pianos  and  organs 

Plaster 

Perfumes,  etc 

Transfer  dray 


Injured. 


Fatal.        Non-fatal 


1 
0 
0 

0 
0 
0 
0 
30 

0 
1 
0 
0 
0 

28 
0 
0 
0 


First  aid. 


0 
0 
0 

$10  00 
25  00 

0 
0 
0 
0 
0 

0 
0 
0 

155  00 
38  50 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 
0 
0 
0 
0 


WORKMEN'S    COMPENSATION    COMMISSION. 
REPORTS  FROM  GRAND  RAPIDS.— CONTINUED. 


117 


Hospital. 

Wages. 

Settle- 
ments. 

Others. 

Paid  for 

insurance. 

Rate  of 
insurance. 

Average 
No.  of 
employes. 

Total  wages 
paid. 

0 
0 

0 
0 

0 
0 

0 
0 

0 
0 

0 
0 

160 
12 

$91,242  97 
4,500  00 

0 

0 

0 

0 

0 

0 

19 

9,600  00 

0 

$75  00 

0 

0 

0 

0 

423 

250,000  00 

0 

0 

0 

0 

0 

0 

75 

38,878  27 

0 

0 

0 

0 

0 

0 

230 

149,590  69 

0 

0 

0 

0 

0 

0 

55 

27,772  45 

0 

17  50 

$17  50 

o 

0 

0 

14 

0 

0 

0 

0 

0 

0 

600 

350,000  00 

0 

0 

0 

0 

$44  92 

$0.200 

25 

22,460  00 

0 

0 

0 

fc$2,000  00 

48  20 

.297 

26 

16,200  00 

0 

0 

0 

0 

88  00 

.440 

38 

20,800  00 

o 

0 

o 

o 

o 

o 

37 

$20  00 

0 

0 

0 

0 

.330 

38 

22,969  96 

0 

0 

25  00 

3  75 

I 

I 

371 

219,157  50 

0 

0 

0 

0 

0 

0 

4 

3,575  00 

0 

0 

0 

0 

0 

0 

35 

21,000  00 

0 

0 

0 

0 

31  50 

.151 

35 

20,800  00 

0 

0 

0 

0 

0 

0 

30 

12,800  00 

0 

0 

0 

0 

0 

0 

10 

8,320  00 

0 

0 

0 

0 

9  00 

.089 

15 

10,018  45 

10  00 

0 

0 

0 

0 

0 

250 

164,937  73 

0 

0 

0 

0 

0 

0 

5 

8,750  00 

0 

0 

0 

0 

30  37 

.240 

24 

12,768  13 

0 

0 

0 

0 

0 

0 

75 

46,800  00 

0 

0 

0 

0 

77  93 

.250 

85 

31,170  99 

0 

0 

0 

0 

31  30 

.240 

21 

16,391  76 

0 

0 

0 

0 

0 

0 

53 

32,155  00 

0 

0 

0 

0 

197  80 

.250 

110 

60,084  16 

0 

0 

0 

0 

35  00 

.250 

25 

13,000  00 

0 

0 

0 

0 

62  05 

.240 

52 

25,932  20 

0 

0 

0 

0 

0 

0 

10 

6,500  00 

0 

0 

0 

0 

49  62 

.280 

40 

11,914  72 

0 

0 

0 

0 

0 

0 

16 

10,000  00 

78  60 

0 

0 

m    119  00 

218  61 

.260 

225 

127,899  00 

0 

0 

0 

0 

275  55 

.230 

215 

117,864  37 

0 

0 

0 

0 

93  60 

.570 

32 

16,400  00 

0 

0 

0 

0 

25  00 

.250 

13 

11,000  00 

0 

0 

0 

0 

110  00 

.360 

50 

3,000  00 

0 

0 

0 

0 

145  00 

.420 

52 

34,419  47 

0 

0 

0 

0 

0 

0 

7 

5,304  00 

0 

25  00 

0 

0 

119  22 

.160 

115 

71,560  22 

0 

0 

0 

0 

45  08 

.450 

15 

10,018  45 

0 

0 

0 

0 

0 

0 

25 

25,000  00 

0 

0 

0 

0 

81  60 

.150 

115 

49,970  66 

0 

0 

0 

0 

38  91 

.300 

19 

12,970  00 

0 

0 

0 

0 

0 

0 

14 

11,879  00 

0 

0 

0 

0 

40  00 

.555 

13 

7,200  00 

0 

250  00 

0 

769  50 

.801 

200 

95,000  00 

0 

0 

0 

0 

0 

0 

20 

10,000  00 

0 

0 

0 

0 

0 

0 

6 

4,200  00 

0 

0 

0 

0 

60  00 

.333 

32 

18,000  00 

0 

0 

0 

0 

90  00 

.225 

65 

40,000  00 

0 

0 

0 

0 

390  00 

.130 

83 

55,199  00 

0 

0 

0 

0 

445  09 

.110 

430 

281,889  07 

0 

0 

0 

n  390  00 

480  00 

.600 

140 

78,715  10 

0 

0 

0 

0 

0 

0 

8 

7,020  00 

0 

0 

0 

0 

0 

0 

11 

6,500  00 

118 


EMPLOYERS'    LIABILITY    AND 


EMPLOYERS'  GENERAL 


Industry. 


Injured. 


Fatal.        Non-fatal. 


First  aid. 


Medical. 


Municipal  departments : 

G.  R.  Fire 

G.  R.  Police 

G.  R.  Public  Works.. 
Public  utilities: 

Gas  light 

Power 

Telephone 

Paper 

Paper 

Paper 

Refrigerators 

Shirts 

Underwear 

Underwear 

Underwear 

Underwear 

Printing 

Printing 

Printing 

Printing 

Printing 

Printing 

Printing 

Total .  . 


30 

5 
2 

0 
0 
0 

1 

0 
0 

9 

0 

0 
0 
0 
0 

1 

0 
0 
0 


0 

$3  00 
0 
0 
0 

0 
0 

34  00 
0 
0 

0 
0 
0 
0 

0 
0 
0 
0 


0 
0 
0 

$143  00 

45  50 
0 
0 
0 
0 

0 
0 
0 
0 
0 

0 

0 

0 

'   0 

20  00 
0 
0 
0 


507        $170  50    $2,641  68 


a  This  amount  was  computed  by  the  tabulator. 

b  Six  months  run. 

c  Evidently  the  figures  given  by  this  clerk  should  have  had  some  explanation  for  it  seems  scarcely 
possible  that  there  could  be  a  brick  manufacturing  plant  paying  such  low  wages. 

a  This  probably  includes  salesmen. 

e  This  is  the  average  of  the  rates  paid  in  the  various  occupations  of  this  industry.  This  firm  carried 
only  a  small  amount  pf  insurance. 

/  Computed  on  basis  of  75  employes — 150  given,  wrong. 

g  The  board  of  an  injured  workman  paid  after  he  left  the  hospital. 

h  This  probably  includes  the  office  force. 

i  Paid  to  an  employes  benefit  association. 


WORKMEN'S    COMPENSATION    COMMISSION. 
REPORTS  FROM  GRAND  RAPIDS.— CONCLUDED. 


119 


Hospital. 

Wages. 

Settle- 
ments. 

Others. 

Paid  for 
insurance. 

Rate  of 
insurance. 

Average 
No.  of 
employes. 

Total  wages 
paid. 

0 

$84  48 

0 

0 

0 

0 

156 

$158,344  72 

0 

112  56 

0 

0 

0 

0 

124 

120,897  35 

0 

0 

0 

0 

0 

210 

108,354  89 

o   $159  15 

446  85 

0 

0 

$894  20 

$0  522 

288 

171,131  12 

10  50 

0 

0 

0 

0 

175 

130,402  00 

0 

'  'is  75 

0 

0 

612  00 

.760 

120 

80,000  00 

o 

0 

0 

0 

0 

0 

10 

3,188  92 

o 

0 

0 

0 

0 

0 

7 

2,120  00 

0 

0 

0 

0 

66  13 

.378 

70 

17,500  00 

0 

13  50 

0 

0 

4  000 

.225 

40 

22,162  29 

o 

0 

0 

0 

0 

0 

35 

13,000  00 

o 

0 

o 

0 

82  30 

.064 

300 

128,406  46 

o 

0 

0 

0 

40  50 

.135 

114 

30,000  00 

0 

0 

0 

0 

0 

0 

40 

13,635  00 

o 

0 

0 

0 

0 

0 

33 

12,000  00 

o 

o 

o 

o 

73  96 

.150 

90 

49,307  20 

o 

0 

0 

0 

93  55 

.090 

115 

97,500  00 

0 

0 

0 

0 

27  00 

.050 

23 

10,356  45 

0 

o 

112  00 
0 

0 
0 

0 
0 

40  50 
46  63 

.135 

.281 

30 
31 

30,000  00 
17,982  39 

o 

0 

o 

0 

25  00 

.225 

16 

11,061  62 

0 

0 

0 

0 

40  00 

.170 

52 

23,400  00 

55441    f)ti 

$1  ,218  98 

$1,192  50 

$3,283  73 

$14,482  73 

16,451 

$9,394,038  43 

^^ll      £t*J 

i  This  amount  was  paid  as  pension. 

1c  This  is  the  total  donations  of  this  company  to  injured  workmen. 

I  The  amount  and  rate  of  liability  insurance  carried  by  this  company  was  requested  to  be  withheld 
by  the  insurance  company. 

mThis  amount  was  spent  as  funeral  expenses. 

n  This  amount  was  paid  as  pension. 

o  This  is  the  total  hospital  expense  in  three  cases,  paid  by  the  gas  light  company.  In  addition  to 
the  amount  spent  by  the  insurance  company  upon  injured  emplpyes  of  this  gas  company,  the  latter 
spent  $434.88  in  making  settlements  and  $119.40  upon  other  similar  claims,  a  total  ot  $1,183.88  alto- 

p  This  company  paid  to  its  employes  a  $100.00  death  benefit. 


120 


EMPLOYERS'    LIABILITY    AND 


APPENDIX  III. 

FINANCIAL   STATEMENT   OF   SECRETARY. 

Expenses  of  Commissioners. 


Hal  H  Smith  travelling  and  hotel  expenses 

$22  15 

Charles  R.  Sligh,  travelling  and  hotel  expenses                       '                       

49  70 

William  P  Belden  travelling  and  hotel  expenses 

178  62 

Michael  P.  McCuen,  travelling  and  hotel  expenses                                 

85  59 

Ora  E.  Reaves,  travelling  and  hotel  expenses  

30  58 

Total  

$366  64 

Investigators. 


Salary. 

Expenses. 

Total. 

A.  B.  Sumner,  July  5  to  July  10  
E.  N.  Dodds  July  3  to  Aug  5                                        ... 

$12  50 
100  00 

$1  55 
122  64 

$14  05 
222  64 

W.  M.  Nelson,  July  3  to  Sept.  30  

260  00 

175  42 

435  42 

A.  H.  Eggerth,  July  5  to  Aug   14                                

114  26 

45  96 

160  22 

C.  B.  Randall  June  30  to  Aug  29 

160  00 

127  23 

287  23 

R.  W.  Powell,  July  3  to  Aug.  9     

106  66 

75  28 

181  94 

J.  C.  Murray  July  3  to  Aug  7 

100  00 

61  61 

161   61 

Griffith  Hays,  July  5  to  Aug.  19   . 

133  33 

95  15 

228  48 

C.  E.  Eldridge  July  3  to  July  31 

80  00 

60  55 

140  55 

W.  W.  Merritt,  July  3  to  Aug.  26  

160  00 

66  70 

226  70 

H.  R.  Hyatt,  July  8  to  Aug.  7                                         

80  00 

55  72 

135  72 

D.  D.  Hunting  July  10  to  Aug   11 

100  00 

26  28 

126  28 

H.  V.  Collins,  July  31  to  Aug.  19  .. 
G.  B.  Brand,  July  30  to  Aug  28 

60  00 
83  33 

40  60 
30  52 

100  60 
113  85 

Sec.  R.  L.  Drake  

1,100  00 

173  40 

1  273  40 

Totals 

$2  650  08 

$1   158  61 

$3  808  79 

Office  Help. 


Period  of  service. 

Salary. 

Miss  Zahn,  stenographer  

July     1  to  Sept.  30.  . 

$210  00 

Miss  Gunn    typist  .         ...                 .        

July     3  to  Aug.    7  . 

50  00 

Parmley  Elasser  office  boy 

July   10  to  Aug   19 

24  00 

Miss  Freeman    typist  

Aug.     9  to  Aug.  26.  . 

26  64 

Miss  Devlin  stenographer 

Sept.  14  to  Oct       7  . 

52  50 

Miss  Richards  stenographer 

Nov     7  to  Nov  28 

53  85 

Miss  Moon  typist      

Dec.    11  to  Dec.  14.  . 

6  00 

Miss  Oakman   typist                                      .  • 

Dec.   12  to  Dec    13 

3  30 

Miss  Guencer  stenographer  

Varying  periods   .... 

9  50 

Miss  Hammel  stenographer        .               

Varying  periods   .... 

15  00 

Total  

$450  79 

WORKMEN'S    COMPENSATION   COMMISSION. 


121 


Office  and  Miscellaneous  Expenses. 


Subscriptions  to  newspapers $36  25 

Rent  of  office  in  Ford  Bldg.  Detroit— 6  months 228  00 

Typewriter  rental 44  25 

City  directory,  newspaper  directory  and  Gazetteer   21  00 

Office  furniture,  etc 121  15 

Telephone  rental 33  63 

Laundering  Co.,  office  towels 6  00 

Postage 300  00 

Printing 274  62 

Stationery,  office  supplies,  etc 50  45 

Light 204 

Express,  telegrams,  etc 54  68 

Office  expenses,  incidental 53  88 

Total $1 , 195  95 

RECAPITULATION. 

Commissioners $366  64 

Secretary 1 ,273  40 

Investigators 2 ,535  29 

Clerical 450  79 

Office  supplies,  postage,  express,  etc ." 1 ,195  95 

Total $5 ,822  05 


APPENDIX  IV. 


TERRITORY    COVERED    BY   THE    INVESTIGATORS   EMPLOYED   BY   THE   COMMISSION. 

E.  N.  Dodds  investigated  industrial  conditions  in  the  lumber  region, 
covering  ground  at  Alpena  and  going  thence  to  Delta  county.  However, 
the  greater  part  of  his  period  of  investigation  was  occupied  in  Alpena, 
which  city  and  surrounding  territory  was  thoroughly  covered. 

W.  M.  Nelson  spent  the  greater  part  of  his  investigating  period  for 
the  commission  in  Grand  Kapids,  covering  the  cases  in  the  Grand  Rapids 
Superior  Court  and  Kent  County  Circuit  Court.  In  the  industrial  field 
he  worked  with  D.  D.  Hunting,  and  as  a  result  of  their  work,  practically 
every  manufacturing  industry  in  Grand  Kapids  has  been  reported.  D.  D. 
Hunting  also  covered  manufacturing  industries  in  the  city  of  Holland. 
Nelson  also  assisted  in  tabulating  reports  of  accidents. 

A.  H.  Eggerth  devoted  the  greater  part  of  his  time  of  employment  in 
the  city  of  Pontiac,  investigating  not  only  the  manufacturers  of  that 
city  but  covering  the  agricultural  field  in  the  immediate  vicinity.  From 
Oakland  county  he  went  to  Saginaw  and  as  a  result  of  his  labors  there 
we  are  able  to  present  a  comprehensive  report  of  the  industries  in  that 
city. 

C.  B.  Randall  was  occupied  exclusively  in  the  mining  country  of  the 
Upper  Peninsula,  and,  in  conjunction  with  C.  B.  Brand,  made  a  most 
thorough  investigation  of  the  accidents  occurring  in  the  larger  mines 


122  EMPLOYERS'    LIABILITY    AND 

for  the  period  covering  from  January  1,  1910,  to  July  1,  1911.     Their 
efforts  have  resulted  in  a  most  complete  report  of  mine  conditions. 

R.  W.  Powell  was  employed  exclusively  in  the  agricultural  field,  the 
main  part  of  his  work  being  done  in  Ionia  county.  The  latter  part  of 
his  period  of  employment  was  spent  in  Van  Buren  county. 

H.  K.  Hyatt  spent  the  first  ten  days  of  his  employment  in  Oceana 
county,  investigating  the  agricultural  field.  From  there  he  went  to  the 
city  of  Muskegon  and  has  arranged  a  comprehensive  report  of  the  in- 
dustrial accidents  in  that  place,  as  well  as  the  court  records  for  Mus- 
kegon county. 

J.  O.  Murray  spent  almost  a  month  in  Kalamazoo  and  reported  upon 
practically  every  industry  in  that  city,  going  from  there  to  Battle  Creek. 

O.  E.  Eldridge  assisted  in  securing  personal  damage  cases  from  the 
records  of  the  Wayne  circuit  court.  The  last  Week  of  his  employment 
was  occupied  in  the  industrial  field  of  Detroit. 

W.  W.  Merritt,  after  completing  his  labors  in  the  Wayne  circuit  court, 
occupied  the  balance  of  the  time  while  employed  by  the  commission  in 
investigating  the  effects  of  industrial  accidents  on  the  families  applying 
to  the  poor  relief  commission  of  the  city  of  Detroit.  In  conjunction 
with  this  work,  he  also  made  a  complete  investigation  of  the  records 
of  the  coroner's  office,  and  as  a  result  of  his  investigations  we  are  able 
to  furnish  a  most  comprehensive  report  as  to  the  result  of  industrial 
accidents  on  the  families  of  the  victims. 

Griffith  Hays  was  also  occupied  in  the  city  of  Detroit,  devoting  his 
time  almost  exclusively  to  the  investigation  of  industrial  accidents. 

H.  V.  Collins,  who  was  employed  by  the  commission  but  a  short  time, 
was  engaged  in  the  industrial  field  exclusively. 


APPENDIX  V. 

There  were  approximately  9,000  letters  and  circulars  sent  out  from 
the  office  of  the  commission,  as  follows: 

2,000  to  members  of  Founders'  Association. 

500  to  members  of  Grange  lodges. 

482  to  members  of  Gleaner  lodges. 
2,300  to  employers  throughout  the  State. 
1,000  to  lawyers,  members  of  Bar  Association. 

500  to  representatives  of  organized  labor. 

946  to  various  industries  and  professions. 

A  total  of  700  letters  were  addressed  to  employers  in  the  following 
cities:  Saginaw,  Muskegon,  Bay  City,  Holland,  Battle  Creek,  South 
Haven,  Grand  Rapids  and  Flint. 

In  addition  to  the  above  some  225  letters  have  been  sent  to  newspapers 
throughout  the  State,  and  300  letters  were  sent  to  injured  employes,  ask- 
ing them  for  information  as  to  the  cause  of  the  accident,  and  result  of 
their  injuries. 


WORKMEN'S    COMPENSATION    COMMISSION.  123 


SCHEDULE  OF  FORMS  USED  BY  THE  COMMISSION. 

For  the  purpose  of  securing  information  from  the  employer  the  follow- 
ing form  of  blank  was  used,  the  commission  having  had  12,500  of  them 
printed : 

EMPLOYER'S  REPORT  ON  PARTICULAR  ACCIDENT. 

Form  A. 

Employer's  Name 

1 .     Name  and  Address  of  person  injured 

.  2.     Place  of  accident 

3 .  Date  and  Time  of  day 

4.  Describe  workman's  employment  fully > 

5.  Describe  accident  fully 

6.  Had  any  other  workman,  foreman  or  superintendent  any  connection  therewith 

7.  Loss  of  time  to  Employe 

8.  Payments  to  Employe 

1 .  From  relief  fund ;  amount  ? 

2.  For  settlement;  amount? 

Was  release  signed? 

3.  Did  you  or  Insurance  Company  make  settlement? 

4.  If  medical  expense  or  funeral  expense  paid  separate  from  other  figures? 

B.  After  Suit. 

1.  Amount  paid 

2.  Date  paid 

3.  Was  judgment  recovered? 

4.  Did  you  or  Insurance  Co.  make  settlement? 

5.  Expense  of  litigation  to  you , 

C.  Did  you  contribute  with  Insurance  Company  in  settlement?     If  so,  how  much? 

9.  Is  workman  now  employed  by  you  and  in  what  capacity  and  at  what  wage 

10.  Has  workman  or  family  been  pensioned  in  any  way  by  you 

11 .  If  any  further  cost  to  you,  please  give  particulars 


(Sign  here) 

The  following  form  was  for  the  use  of  the  investigators  exclusively. 
The  commission  printed  5,000  of  these  blanks: 

NATURE  OF  ACCIDENT. 
Form  B.  No 

1 .  Name  and  Address  of  person  injured k 

2.  Nativity 

3.  Whether  or  not  a  citizen 

4.  Nature  of  employe's  work 

5.  Employer's  name  at  time  of  accident 

6.  Place  of  accident 

7.  Date  and  time  of  day 

8.  Had  any  other  workman,  foreman  or  superintendent  any  connection  therewith;  if  so,  state  fully.  . 


9.     If  on  machinery,  describe  machine.     Was  it  guarded?. 
10.     Describe  cause  of  accident  fully 


(Sign  here) 


124 


EMPLOYERS'    LIABILITY    AND 


Form  "G,"   as  follows,  was  used  for  information  secured  from  the 
employe,  5,000  of  them  being  furnished  the  commission: 

RESULT  TO  EMPLOYE. 

Form  C. 

1.  Name  and  address  of  person  injured 

2.  Date  and  time  of  accident 

3.  Describe  injury  fully 

4.  Any  permanent  injury,  describe  fully 

5.  Condition  of  Family  at  Time  of  Accident — 

Members  of  Family  Sex  Age  Weekly  Contribution  to 

Injured  Person  Earnings  family  income 

"....  $ $ 

$ $ 

$ S 

' $ $ 

6.  Expenses  on  account  of  Accident —  c.    Settlement  of  Claim  for  Damages: 

a.   Medical  $ b.  Funeral  S Without  suit  $ 

c.    Other  (specify) Out  of  court  after  suit  $ 

Recovered  in  Court  S 

Fee  of  lawyer  or  agent  $ 

7.  Wage  Loss  Settlement  by  employer  or  Insurance 

a.  Wages  at  time  of  accident QO 

b.  No.  of  weeks  totally  unable  to  work..  Time' from 'filing  of  claim  or  institution 

c.  No.  of  weeks  after  return  to  work  unable  of  suit  to  final  settlement. . 

to  do  same  or  as  much  work  as  before 

d.    Other  Aid: 

accident „  ...    _ 

Public  $ 

Private  Society  $ 

8.  Insurance,  Compensation  or  Aid  Received—  Relatives  $ 

a.  Insurance  or  Benefits  from:  Fellow  Workmen  $ 

Insurance  Co.  $ Church  $ 

Trade  Union  $ Other  (specify). . .  . 

Relief  Association  $ 

Fraternal  Order  8 9.    Effect  of  Accident  on  Family: 

Other  (specify)  $ a.    Did  wife  go  to  work? 

b.    Did  children  leave  school  to  go  to  work? 

(age  of  each) 

b.  Compensation  from  Employer:  c.    Was  expenditure  for  house  rent  reduced? 

Medical  expenses  $ 

Funeral  expenses  $ Name  and  address  of  Informant 

Wages  $ 

Other  (specify)  $ Investigator's  initials 

Release  signed?.. . ' Date 


WORKMEN'S    COMPENSATION    COMMISSION.  125 

Of  the  following  form  10,000  were  printed  and  distributed  throughout 
the  State: 

EMPLOYER'S  GENERAL  REPORT. 
Form  D. 

1.  Firm 

2.  Business ' 

3.  Average  number  of  shop  employes  in  1910 

4 .  Total  wages  paid  in  1910,  $ 

EXPENSES  ON  ACCOUNT  OP  ACCIDENTS  TO  EMPLOYES  IN  1910. 

5.  Amount  paid  for  insurance: 

Employers'  liability  insurance $ 

Workman's  collective 

Other  (specify) 

Total... 


Rate  of  Insurance  Premium  ? 

6.  Amount  contributed  to  Employes'  Benefit  Association,  $ 

7.  Cost  of  Claims  or  Suits: 

Amount  paid  in  settlements $. 

Amount  paid  in  damages 

Cost  of  legal  department  or  counsel,  charged  to  accidents 

Other  (specify) 

Total... 


8.  Aid  to  Injured  Employes: 

Medical:    First  aid $ . 

Doctor 

Hospital 

Other  (specify) 

Compensation:     Wages , $. 

Pensions 

Other  (Specify) 

9.  Funeral  expenses 

Other  (specify) $ . 

Total "$7 

10.     Total  number  of  accidents 

Fatal 

Non  fatal...  $. 


(Name  of  firm  here) 

This  schedule  was  mailed  to  all  members  of  the  Michigan  Manufac- 
turers* Association  by  the  secretary  of  that  organization,  and  also  to  all 
members  of  the  Employers'  Association  of  Detroit  by  its  secretary.  Em- 
ployers generally  not  connected  with  the  above  organizations  were 
reached  through  the  mail  from  the  office  of  the  commission  and  per- 
sonally by  the  investigators. 


126 


EMPLOYERS'    LIABILITY    AND 


Form  E,  for  use  in  the  agricultural  districts,  was  used  in  three  coun- 
ties, Van  Buren,  Ionia  and  Oakland.  The  result  of  the  investigation 
in  this  field  is  given  on  pp.  94-96  of  report. 


AGRICULTURAL  ACCIDENTS. 


Form  E. 

1.  Farmer's  Name 

2.  Name  and  Address  of  person  injured 

3 .  Place  of  accident 

4.  Date  and  time 

5.  Describe  accident  fully 


9. 
10. 


Had  any  other  workman  any  connection  therewith 

Loss  of  time 

Payment  to  workman 

A.  For  settlement  amount  and  particulars 

B.  If  medical  expense  or  funeral  expense  paid  separate  from  the  other  figures. 


Is  workman  now  employed  by  you,  and  at  what  wage?. 
Give  any  other  particulars  which  can  be  secured 


(Investigator) 


Form  "F"  was  used  by  the  investigators  in  their  search  of  the  court 
records : 

LITIGATION. 

Form  F. 

1 .  Name  and  Address  person  injured 

2.  Name  of  Employer 

3 .  Nature  of  Industry 

4.  Location  of  Factory 

5.  Date  of  Accident 

6.  Nature  of  Accident 

7.  Date  of  Commencement  of  Suit 

8.  In  what  Court 

9.  No.  of  file 

10.  Name  of  defendant 

11 .  Trial  began 22.     Date  of  remittitur  from  Supreme  Court 

12.  Trial  ended 23.     Judgment  of  Supreme  Court 

13.  Judgment  for 24.     Attorneys: 

14.  Damages  allowed a.     For  plaintiff 

b .     For  defendant 

15.  Court  costs 25.     Cost  to  injured  workman: — 

16.  Attorney's  fees a.     Medical  and  other  expenses  incurred 

by  reason  of  the  accident 

17.  Was  suit  settled  out  of  court? b.     Wages  at  time  of  injury 

18.  Amount  paid c.      Time  lost 

19.  To  whom d.     Did  he  lose  position 

e.     Was  earning  power  permanently  im- 
paired   

20.  Estimated  cost  of  maintaining  Court  per  f .      Is  he  employed  at  present 

day 

21.  Date  of  return  to^Supreme  Court g-     What  are  his  present  wages 


WORKMEN'S    COMPENSATION    COMMISSION.  127 


-OPINIONS  OF  MEMBERS  OF  THE  BAB. 

To  secure  opinions  from  members  of  the  bar  throughout  the  State,  the 
following  circular  form  was  used  and  mailed  to  all  members  of  the  Bar 
Association  and  lawyers  generally.  The  replies  were  numerous  and  in 
the  limited  scope  of  this  report  it  is  impossible  to  print  them  in  detail : 

Dear  Sir. 

It  has  probably  come  to  your  knowledge  that,  by  the  last  Legislature,  this  Commission  was  ap- 
pointed to  inquire  and  report  in  regard  to  the  system  of  Employers'  Liability  n  force  in  this  State 
and  to  recommend  such  a  law  as  from  its  investigations  it  should  determine  better  suited  to  Michigan 
industrial  conditions.  It  appears  to  the  Commission  that,  for  the  purposes  of  their  inquiry,  it  is  im- 
portant that  they  should  have  before  them  the  views  of  members  of  the  bar  whose  experience  in  litiga- 
tion in  cases  arising  out  of  industrial  accidents  has  brought  this  subject  especially  to  their  attention. 
They  believe  that  you  must  have  information  as  to  the  workings  of  the  present  legal  system  relative 
to  industrial  accidents  and  that  you  can  undoubtedly  make  suggestions  which  will  be  of  value.  The 
Commission  therefore  particularly  requests  that  you  will  answer  in  writing  the  attached  list  of  ques- 
tions. In  addition  it  will  be  glad  to  receive  from  you  your  observations  as  to  any  other  matter  within 
the  scope  of  the  inquiry. 

It  is  requested  that  your  reply  be  received  at  as  early  a  date  as  possible. 

Yours  truly, 

HAL  H.  SMITH, 

Chairman. 

1.  What  is  your  opinion  as  to  the  fairness  of  the  law  in  this  State  with  regard  to  liability  of  em- 
ployers for  accident  to  their  employes?     What,  if  any,  are  your  suggestions  as  to  its  amendment  of 
the  law. 

2.  What  is  your  opinion  of  the  operation  and  adequacy  of  the  Labor  Law  of  this  State  in  relation 
to  the  prevention  of  accidents,  and  what,  if  any,  are  your  suggestions  as  to  the  amendment  in  that  re- 
gard? 

3.  Is  the  court  and  the  jury  system  for  fixing  responsibility  for  industrial  accidents  now  existing 
in  the  State  satisfactory  in  its  operation?     If  you  answer  no,  state  why. 

4.  Are  you  in  favor  of  a  system  under  which  all  accidents  to  employes  shall  be  compensated  for 
without  regard  to  negligence,  but  under  which  the  compensation  paid  shall  be  limited  in  amount? 
Please  state  reasons  for  your  answer. 

5.  Or  are  you  in  favor  of  modifying  or  enlarging  the  present  liability  of  the  employer  without  chang- 
ing the  present  system? 

6.  If  you  are  in  favor  of  such  a  plan  for  compensation,  as  described  in  question  four,  are  you  of  the 
opinion  that  the  expense  should  be  borne  by  the  employer  or  shared  between  the  employer  and  em- 
ploye? 

7.  What  is  your  opinion  as  to  the  advisability  of  the  State  bearing  a  portion  or  all  of  this  expense, 
and  in  turn  collecting  same  from  the  public  by  taxation? 

8.  What  is  your  experience  as  to  the  value  of  relief  associations  of  employes? 

9.  What  is  your  opinion  as  to  the  advisability  of  compelling,  if  possible,  each  industry  to  insure 
against  its  own  accidents? 

10     What  is  your  experience  as  to  the  merits  of  the  present  system  of  liability  insurance? 

11.     What  do  you  think  of  the  practicability  or  efficiency  of  a  law  limiting  contingent  fees  in  accident 
cases  or  allowing  the  court  to  fix  such  fees. 


128  EMPLOYERS'    LIABILITY    AND 

ATTORNEYS    RESPONDING. 

R.  L.  Crane,  Saginaw,  Mich. 

F.  W.  Newton,  Saginaw,  Mich. 

W.  E.  Brown,  LapeerJ  Mich. 

W.  R.  Taylor  (Senator  6th  District),  Kalamazoo,  Mich. 

W.  A.  Burritt,  Hancock,  Mich. 

O.  A.  Withey,  Reed  City,  Mich. 

Geo.  O.  Kinsman,  Oxford,  Mich. 

Jerome  E.  Turner,  Muskegon,  Mich. 

H.  A.  McNitt,  Grand  Rapids,  Mich. 

James  A.  Lombard,  Grand  Rapids,  Mich. 

E.  J.  Dennison,  Marshall,  Mich. 
Charles  M.  Woodruff,  Detroit,  Mich. 
Alex.  Sutherland,  Muskegon,  Mich. 
W.  L.  Mason,  L'Anse,  Mich. 

L.  E.  Stewart,  Battle  Creek,  Mich. 
H.  A.  Lockwood,  Detroit,  Mich. 

C.  D.  Hancliette,  Hancock,  Mich. 
Henry  M.  Butzel,  Detroit,  Mich. 
John  C.  Graham,  Port  Huron,  Mich. 
W.  A.  Collins,  Bay  City,  Mich. 

F.  W.  Riblet,  Muskegon,  Mich. 
Edward  Cahill,  Lansing,  Mich. 

Wilson,  Wilson  &  Rice,  Grand  Rapids,  Mich. 
Cleland  &  Heald,  Grand  Rapids,  Mich. 

D.  H.  Ball,  Marquette,  Mich. 
P.  H.  O'Briwn,  Laurium,  Mich. 
Mark  Norris,  Grand  Rapids,  Mich. 
F.  A.  Stace,  Grand  Rapids,  Mich. 
W.  T.  Bope,  Bad  Axe,  Mich. 

W.  S.  Hill,  Marquette,  Mich. 

Edw.  S.  dark,  Bay  City,  Mich. 

F.  A.  Bell,  Ishpeming,  Mich. 

Dorr  Kuizema,  Grand  Rapids,  Mich. 

Charles  E.  Ward,  Grand  Rapids,  Mich. 

Robert  P.  Hudson,  Sault  Ste.  Marie,  Mich. 

Dallas  Boudeman,  Kalamazoo,  Mich. 

F.  W.  Schell,  Port  Huron,  Mich. 

James  E.  Sullivan,  Muskegon,  Mich. 

F.  L.  Keating. 

A.  W.  Byers. 

James  E.  Sullivan,  Muskegon,  Mich. 

Wm.  J.  Landman,  Grand  Rapids,  Mich. 

W.  S.  Tucker,  Grand  Rapids,  Mich. 

Albert  T.  Streeter,  Houghton,  Mich. 

Clifford  M.  Crandall,  Port  Huron,  Mich. 

Frank  E.  Jenkins,  Oxford,  Mich. 

Frederick  W.  Newton,  Saginaw,  Mich. 


WORKMEN'S    COMPENSATION    COMMISSION.  129 


OPINIONS  OF  EMPLOYERS. 

To  a  large  number  of  the  leading  employers  throughout  Michigan  the 
subjoined  set  of  questions  was  sent  and  a  list  of  those  responding  will 
be  found  on  the  pages  following: 

Detroit,  Mich.,  August  1st,  1911. 
Dear  Sir: 

It  has  probably  come  to  your  knowledge  that  by  the  last  Legislature  this  Commission  was  appointed 
to  inquire  and  report  in  regard  to  the  system  of  Employers'  Liability  in  force  in  this  State,  and  to  rec- 
ommend such  a  law  as  from  its  investigation  it  should  determine  better  suited  to  Michigan  industrial 
conditions.  It  appears  to  the  Commission  that  for  the  purposes  of  their  inquiry  it  is  important  that 
they  should  have  before  them  the  views  of  representative  employers  of  labor.  They  believe  that  you 
must  have  experience  or  information  as  to  the  workings  of  the  present  legal  system  relative  to  indus- 
trial accidents  and  that  you  can  undoubtedly  make  suggestions  which  will  be  of  value.  The  Com- 
mission particularly  requests  that  you  will  make  answers  in  writing  to  the  attached  list  of  questions, 
and  in  addition  will  be  glad  to  receive  from  you  your  observations  as  to  any  other  matter  within  the 
scope  of  the  inquiry. 

It  is  requested  that  your  reply  be  received  at  as  early  a  date  as  possible. 

Yours  truly, 

HAL  H.  SMITH, 

Chairman. 

1.  What  is  your  opinion  as  to  the  fairness  of  the  law  in  this  State  with  regard  to  liability  of  the  em  - 
ployers  for  accidents  to  their  employes?     What,  if  any,  are  your  suggestions  as  to  the  amendment  of 
the  law? 

2.  What  is  your  opinion  of  the  operation  and  adequacy  of  the  Labor  Law  of  this  State  in  relation 
to  the  prevention  of  accidents,  and  what,  if  any,  are  your  suggestions  for  its  amendment  in  that  regard? 

3.  Is  the  court  and  jury  system  for  fixing  responsibility  for  industrial  accidents  now  existing  in  the 
State  satisfactory  in  its  operation?     If  you  answer  no,  state  why. 

4.  Are  you  in  favor  of  a  system  under  which  all  accidents  to  employes  shall  be  compensated  for 
without  regard  to  negligence,  but  under  which  the  compensation  paid  shall  be  limited  in  amount? 
Please  state  reasons  for  your  answer. 

5.  Or  are  you  in  favor  of  modifying  or  enlarging  the  liability  of  the  employer  without  changing  the 
present  system. 

6.  If  you  are  in  favor  of  a  plan  for  compensation  as  described  in  question  four.     Are  you  of  the 
opinion  that  the  expense  should  be  borne  by  the  employer  or  shared  between  employer  and  employe? 

7.  What  is  your  opinion  as  to  the  advisability  of  the  State  bearing  a  portion  or  all  of  the  expense 
and  in  turn  collecting  same  from  the  public  by  taxation? 

8.  What  is  your  experience  as  to  the  value  of  relief  associations  of  employes? 

9.  If  you  have  one  such  in  your  plant  please  describe  it  fully. 

10.  What  is  your  experience  as  to  the  merits  of  the  present  system  of  liability  insurance? 

11.  What  is  your  opinion  as  to  the  advisability  of  compelling,  if  possible,  each  industry  to  insure 
against  its  own  accidents  as  distinguished  from  a  general  insurance  scheme  under  State  Supervision? 

EMPLOYERS   RESPONDING. 

Oliver  Iron  Mining  Co.,  Iron  Mountain,  Mich. 
Manistee  Brick  Co.,  Manistee,  Mich. 
Thos.  Jackson  &  Co.,  Saginaw,  W.  S.,  Mich. 
The  Tubes  Mfg.  Co.,  Ludington,  Mich. 
Michigan  Optical  Co.,  Detroit,  Mich. 
Armstrong  &  Graham,  Detroit,  Mich. 
17 


130  EMPLOYERS'    LIABILITY    AND 

Hood  &  Wright,  Big  Rapids,  Mich. 

Woodward  Furniture  Co.,  Owosso,  Mich. 

Edw.  Finley,  Hartford,  Mich. 

The  Tappan  Shoe  Mfg.  Co.,  Coldwater,  Mich. 

Peninsular  Milled  Screw  Co.,  Detroit,  Mich. 

Sheffield  Car  Co.,  Three  Rivers,  Mich. 

The  Oval  Wood  Dish  Co.,  Traverse  City,  Mich. 

Worcester  Lumber  Co.,  Ltd.,  Chassell,  Mich. 

National  Cycle  Mnfg.  Co.,  Bay  City,  Mich. 

Hanchett  Swage  Works,  Big  Rapids,  Mich. 

Sargent  Mnfg.  Co.,  Muskegon,  Mich. 

The  Widdicomb  Furniture  Co.,  Grand  Rapids,  Mich. 

Baker  &  Co.,  Allegan,  Mich. 

American  Steam  Pump  Co.,  Battle  Creek,  Mich. 

The  Macey  Co.,  Grand  Rapids,  Mich. 

The  Challenge  Refrigerator  Co.,  Grand  Haven,  Mich. 

Acme  White  Lead  and  Color  Works,  Detroit,  Mich. 

Marshall  Furnace  Co.,  Marshall,  Mich. 

American  Steam  Pump  Co.,  Battle  Creek,  Mich. 

Peerless  Wire  Fence  Co.,  Ltd.,  Adrian,  Mich. 

Reo  Motor  Car  Co.,  Lansing,  Mich. 

Kellogg  Toasted  Corn  Flake  Co.,  Battle  Creek,  Mich. 

Weston-Mott  Co.,  Flint,  Mich. 

Northern  Engineering  Works,  Detroit,  Mich. 

Eureka  Heating  and  Ventilating  Co.,  Saginaw,  Mich. 

National  Wire  Cloth  Co.,  Niles,  Mich. 

Peninsular  Bark  &  Lumber  Co.,  Sault  Ste.  Marie,  Mich. 

Wolverine  Cedar  &  Lumber  Co.,  Sault  Ste.  Marie,  Mich. 

The  Huetteman  &  Cramer  Co.,  Detroit,  Mich. 

Page  Woven  Wire  Fence  Co.,  Adrian,  Mich. 

Burroughs  Adding  Machine  Co.,  Detroit,  Mich. 

The  Kalamazoo  Sled  Co.,  Kalamazoo,  Mich. 

American  Bridge  Co.,  New  York  City,  N.  Y. 

The  Evening  News,  Sault  Ste.  Marie,  Mich. 

The  Lansing  Wheelbarrow  Co.,  Lansing,  Mich. 

Antrim  Lime  Co.,  Petoskey,  Mich. 

Hancock  Manufacturing  Co.,  Charlotte,  Mich. 

Great  Lakes  Engineering  Works,  Detroit,  Mich. 

The  Ramsey-Alton  Mnfg.  Co.,  Portland,  Mich. 

Beals  &  Selkirk  Trunk  Co.,  Wyandotte,  Mich. 

Schug  Electrical  Co.,  Detroit,  Mich. 

Chas.  Pehlman  &  Co.,  Detroit,  Mich. 

Postum  Cereal  Co.,  Ltd.,  Battle  Creek,  Mich. 

Mitts  &  Merrill,  Saginaw,  Mich. 

The  Spaulding  Engine  Co.,  St.  Joseph,  Mich. 

F.  W.  Prentice  &  Co.,  Adrian,  Mich. 

The  Pelton  &  Crane  Co.,  Detroit,  Mich. 

Cooper  Wells  &  Co.,  St.  Joseph,  Mich. 

Zeeland  Furniture  Mnfg.  Co.,  Zeeland,  Mich. 

Monroe  Glass  Co.,  Monroe,  Mich. 

Daisy  Manufacturing  Co.,  Plymouth,  Mich. 

Amazon  Knitting  Co.,  Muskegon,  Mich. 


WORKMEN'S    COMPENSATION    COMMISSION.  131 

Borough  &  Blood  Buggy  Co. 

Dowagiac  Manufacturing  Co.,  Dowagiac,  Mich. 

Columbian  Manufacturing  Co.,  Detroit,  Mich.  , 

The  F.  B.  Thompson  Co.,  Detroit,  Mich. 

Detroit  Casket  Co.,  Detroit,  Mich. 

Northwestern  Cooperage  Co.,  Gladstone,  Mich. 

Ypsilanti  Press  Co.  (Hay  Press),  Ypsilanti,  Mich. 

Nichols  &  Shepard  Co.,  ^Battle  Creek,  Mich. 

A.  R.  Russell,  Bay  City,  Mich. 

Superior  Cigar  Mnfg.  Co. 

Pierson  &  Hough  Co.,  Detroit,  Mich. 

M.  Dervitt,  Blanchard,  Mich. 

U.  S.  Gas  Machine  Co.,  Muskegon,  Mich. 

The  Pingree  Co.,  Detroit,  Mich. 

Lilies  Cigar  Co.,  Detroit,  Mich. 

Central  Boiler  Works,  Detroit,  Mich. 

Peterson  Bros.  Laundry,  Big  Rapids,  Mich. 

Diamond  Crystal  Salt  Co.,  St.  Clair,  Mich. 

Marshall  Furnace  Co.,  Marshall,  Mich. 

Union  Mnfg.  &  Lumber  Co.,  Northville,  Mich. 

Cobbs  &  Mitchell,  Inc.,  Cadillac,  Mich. 

Paw  Paw  Grape  Juice  Co.,  Ltd.,  Paw  Paw,  Mich. 

Port  Huron  Lumber  Co.,  Port  Huron,  Mich. 

Wolverine  Oil  Co.,  Manistee,  Mich. 

Feige  Desk  Co.,  Saginaw,  Mich. 

H.  W.  Marsh,  Manistee,  Mich.  , 

The  Sears  &  Nichols  Co.,  Pentwater,  Mich. 

Briscoe  Mnfg.  Co.,  Detroit,  Mich. 

Lloyd  Construction  Co.,  Detroit,  Mich. 

Baker-Vawter  Co.,  Benton  Harbor,  Mich. 

The  Ray  Chemical  Co.,  Detroit,  Mich. 

Babcock  Tissue  Paper  Co. 

Gale  Manufacturing  Co.,  Albion,  Mich. 

Michigan  Stove  Co.,  Detroit,  Mich. 

The  Widdicomb  Furniture  Co.,  Grand  Rapids,  Mich. 

The  Grand  Rapids  Herald,  Grand  Rapids,  Mich. 

Mud  Lake  Labor  Co.,  Mud  Lake  (Alcona  Co.),  Mich.  i 


132  EMPLOYERS'    LIABILITY    AND 


REPORT  SUBMITTED  BY  EMPLOYERS'  ASSOCIATION  OF 

DETROIT. 

THE  EMPLOYERS'  ASSOCIATION  OF  DETROIT, 

ASSOCIATION  ROOMS,  STEVENS  BUILDING, 

DETROIT,  MICHIGAN. 

December  16,  1911. 

Michigan  Employers'  Liability  and  Workmen's  Compensation  Commisr 
sion,  Ford  Building,  Detroit,  Michigan : 

Gentlemen — In  answer  to  your  letter  requesting  information  covering 
a  number  of  matters  relating  to  the  subject  of  your  investigation,  we  beg 
to  state  that  we  have  canvassed  very  thoroughly  the  membership  of  the 
Employers'  Association  of  Detroit.  As  a  result  of  that  investigation  we 
submit  the  following  general  report,  supplementing  the  same  with  cer- 
tain data  secured: 

With  very  few  exceptions  employers'  liability  is  covered  by  insurance, 
but  the  members  of  this  association  have  recognized  their  obligation  to 
protect  their  employes  as  far  as  possible  and  their  efforts  have  been  very 
largely  directed  towards  accident  prevention.  They  have  disseminated 
a  large  amount  of  information  concerning  accident  preventing  devices, 
urging  the  use  of  every  practicable  form  of  prevention  device  and  sup- 
plementing this  with  a  careful  factory  inspection  conducted  by  a  special 
employe.  These  inspections  are  made  from  four  to  six  times  a  year  and 
a  careful  record  is  kept  of  the  recommendations  made  from  time  to  time. 
We  append  to  this  report  the  result  of  the  inspections  for  one  year. 

Referring  now  to  the  questions  submitted  by  your  commission,  we 
reply  as  follows-: 

1.  It  is  our  opinion  that  the  liability  law  of  this  State  has  long  since 
ceased  to  be  fair  either  to  the  employer  or  workman.    It  is  unfair  to  the 
employer  because  it  leaves  practically  no  opportunity  for  him  to  secure 
practical  co-operation  with  his  employes  with  a  view1  to  improving  the 
labor  conditions  and  consequently  labor  efficiency.     It  is  unfair  to  the 
employe  because  the  conditions  under  which  it  was  originally  adopted 
have  so  radically  changed  that  the  reasons  for  its  form  have  passed  away. 

In  our  view  no  amendment  of  the  present  law  can  be  made  which  will 
reach  the  difficulty.  The  defects  can  be  corrected  only  by  going  to  the 
root  of  the  evils  inherent  in  the  present  system  and  beginning  the  de- 
velopment along  radically  different  lines. 

2.  We  have  no  criticism  as  to  the  operation  and  adequacy  of  the  labor 
law  of  this  State  in  relation  to  the  prevention  of  accidents.    Conditions 
can  be  improved  not  by  an  increase  in  the  number  of  laws  but  in  intelli- 
gent enforcement  of  those    now    on    the  statute  books.     The  State  in- 
spectors should  be  most  thoroughly  instructed  regarding  all  safety  de- 
vices on  the  market,  and  for  this  purpose  it  might  be  found  advisable 
to  establish  a  State  museum  in  which  should  be  gathered  all  of  the  latest 
suggestions  for  the  conservation  of  life  and  limb.    We  are  very  strongly 
of  the  opinion  that  the  greatest  good  can  be  accomplished  by  education 
along  these  lines.    It  is  an  easy  matter  to  demonstrate  to  the  intelligent 


WORKMEN'S    COMPENSATION    COMMISSION.  133 

employer  that  both  the  requirements  of  humane  policy  and  his  financial 
advantage  can  be  served  at  the  same  time,  and  when  both  his  heart  and 
his  poeketbook  are  appealed  to  he  cannot  long  remain  indifferent. 

3.  The  present  court  and  jury  system  for  fixing  the  responsibility  for 
industrial  accidents  in  this  State  is  very  unsatisfactory  in  its  operation. 
It  is  slow,  extremely  expensive  and  very  uncertain.    It  practically  makes 
necessary  the  shifting  of  the  burden  by  the  employer  to  insurance  com- 
panies, whose  only  interest  in  the  outcome  is  a  financial  one,  while  it 
rends  to  widen  the  breach  already  entirely  too  great  between  the  em- 
ployer and  the  man  with  whom  he  should  be  upon  the  most  friendly 
terms. 

4.  We  cannot  state  too  strongly  our    belief    in    the    advisability  of 
establishing  a  system  of  compensation  by  which  all  accidents  to  employes 
shall  be  taken  care  of  without  regard  to  negligence,  provided  the  com- 
pensation is  limited  to  a  reasonable  sum.     The  only  exception  we  care 
to  make  to  this  statement  is  that  two  classes  of  accidents  should  be  ex- 
cluded from  the  operation  of  this  law.     The  first  are  those  which  are 
the  result  of  wilful  misconduct  of  the  employe;  the  second  those  that 
are  the  result  of  intoxication  either  through  the  use  of  liquor  or  drugs. 

We  are  quite  well  aware  that  there  are  extremely  few  cases  at  the 
present  time  where  employes  deliberately  injure  themselves.  We  believe 
that  this  number  would  be  greatly  augmented  under  a  compensation 
system  if  there  were  no  restrictions.  It  would  not  often  be  necessary 
for  an  employer  to  invoke  the  defense  of  wilful  misconduct,  nor  in  our 
opinion  would  it  be  possible  to  successfully  invoke  that  defense  unless 
the  evidence  were  very  convincing.  At  the  same  time  as  a  deterrent  we 
believe  it  would  prove  quite  efficacious.  We  have  no  .sympathy  with  the 
claim  that  accidents  due  to  the  intoxication  of  the  victim  should  be  upon 
the  same  plane  as  those  which  are  the  result  of  mere  negligence.  In- 
toxication of  the  individual  who  is  working  in  a  place  more  or  less  dan- 
gerous is  very  closely  akin  to  wilful  misconduct  and  the  same  arguments 
might  be  applied. 

We  do  not  wish  to  be  understood  as  saying  that  any  considerable 
number  of  accidents  at  the  present  time  are  due  to  intoxication,  of  the 
victim,  nor  would  it  be  necessary  very  often  to  invoke  this  defense,  but 
in  principle  the  man  who  completely  disregards  his  duty  to  his  fellow 
workmen,  his  employer  and  himself  by  coming  to  his  work  in  an  unfit 
condition  resulting  from  his  own  vicious  habits  should  not  be  placed 
upon  the  same  basis  as  the  man  who  is  merely  a  victim  of  circumstances. 
A  violation  of  this  principle  would,  to  say  the  least,  be  the  source  of 
much  dissatisfaction. 

A  rational,  comprehensive  compensation  system  for  industrial  acci- 
dents will  obviate  to  a  large  extent  the  evils  of  the  present  system;  re- 
move one  source  of  bitter  feeling  on  the  part  of  the  employes;  establish 
better  relations  between  the  employer  and  employe,  and  increase  the 
efficiency  of  workmen  in  general. 

5.  We  are  not  in  favor  of  enlarging    the  liability    of  the  employer 
without  changing  the  present  system.    In  order  to  practically  insure  the 
operation    of    a    compensation    law    under    our    peculiar    constitutional 
system  it  may  be  necessary  to  induce  un progressive  employers  to  adopt 
the  compensation  principle  by  enlarging  the  present  liability,  but  to  en- 
large   the    present    liability    without    securing    some    other    substantial 


134  EMPLOYERS'    LIABILITY    AND 

advantage  both  to  employer  and  employe  would  intensify  the  evils  of 
the  present  situation.  Any  possible  enlargement  could  affect  but  very 
few  injured  workmen.  Unless  the  whole  system  be  changed  the  employer 
cannot  be  held  liable  where  he  is  not  at  fault,  and  the  injured  one  must 
always  sustain  the  burden  of  proving  that  the  employer  is  at  fault.  In 
over  seventy  per  cent  of  accidents  reported  the  employer  is  in  no  degree 
at  fault.  If  therefore,  he  is  to  be  held  liable  where  "he  is  not  at  fault 
there  must  be  a  change  in  the  entire  system  or  the  law  will  be  illogical. 

6.  It  is  our  belief  that  the  expense  should  be  borne  in  some  ratable 
proportion  by  both  employer  and  employe.    The  employe  should  not  pay 
very  much,  but  in  no  other  way  than  by  financial  contribution  can  he 
be  put  in  right  relation  to  the  fund  for"  his  protection.    Representatives 
of  certain  employes  insist  that  they  are  seeking  for  no  charity.    It  is  our 
belief  that  a  system  to  which  they  make  no  financial  contribution  will 
come  to  be  regarded  as  a  charity  and  we  fear  it  will  have  a  very  un- 
wholesome effect.    We  believe  that  a  financial  contribution  on  the  part 
of  the  employe  will  have  a  tendency,  unconscious  though  it  may  be, 
toward  the  prevention  of  accidents  and  malingering. 

In  giving  expression  to  this  view  we  are  not  unmindful  of  the  fact 
that  the  motive  of  employers  has  been  questioned.  We  realize  the  diffi- 
culties that  may  exist  from  a  legal  point  of  view  in  accomplishing  this 
result.  We  therefore  do  not  wish  to  be  understood  as  saying  that  this 
is  a  condition  without  which  a  compensation  law  would  not  be  accept- 
able; nevertheless  we  feel  impelled  to  state  our  honest  convictions  upon 
this  very  important  phase  of  the  subject. 

7.  The  State  should  bear  only  the  necessary  expense  of  administering 
the  law.    If  a  special  court  is  established  the  compensation  and  expense 
of  such  a  court  should  be  taken  care  of  by  the  State.     We  have  very 
serious  objections  to  any  effort  to  establish  State  insurance  or  any  other 
system  by  which  the  State  will  have  the  collection  and  disposition  of 
funds  devoted  to  the  relief  of  the  victims  of  industrial  accidents.     The 
establishment  of  a  State  insurance  system  would  to  a  very  considerable 
extent  defeat  the  object  of  the  law.    We  realize  that  a  compensation  law 
is  socialistic  in  its  tendencies  and  we  are  quite  prepared  to  accept  the 
responsibility  for  such  a  step.    We  confidently  believe,  however,  that  we 
should  keep  just  as  far  as  possible  away  from  paternalism.    State  admin- 
istration   would    be    cumbersome,    slow,    inefficient   and    dominated   by 
politics. 

8.  Relief    associations    of    employes    to    which    the    employer    con- 
tributes largely  are  valuable  and  advisable  if  we  are  to  have  no  work- 
ingmen's  compensation  law.     They  may  also  be  of  value  to  supplement 
that  law  if  it  shall  prove  to  be  inadequate  or  if  it  be  determined  that 
the  workmen  shall  bear,  as  in  Germany,  the  cost  of  the  first  weeks  of 
incapacity. 

9.  So  far  as  the  members  of  this  association  are  concerned  there  are 
very  few  who  report  relief  associations  and  still  fewer  who  bear  any  part 
of  the  expense  of  such  associations.    In  the  majority  of  cases  where  the 
occupation  is  considered  somewhat  hazardous  first  aid  and  medical  treat- 
ment are  supplied  by  the  employer  to  the  injured. 

10.  We  have  no  criticism  to  offer  on  the  present  system  of  liability 
insurance.     It  is  perhaps  the  most  satisfactory  that  could  be  expected 
under  present  conditions.     It  is  impossible  to  predict  with  any  degree 
of  accuracy  what  the  results  would  be  under  a  compensation  law. 


WORKMEN'S    COMPENSATION    COMMISSION. 


135 


We  believe  that  the  widest  possible  latitude  should  be  given  to  em- 
ployers in  the  matter  of  insuring  their  risks,  consistent  with  safety  and 
certainty,  and  that  with  a  compensation  law  should  go  an  act  enabling 
employers,  if  they  see  fit  to  do  so,  to  unite  in  mutual  associations,  organ- 
ized on  a  basis  satisfactory  to  the  Commissioner  of  Insurance,  to  take 
care  of  their  own  risks  at  cost.  It  may  possibly  appear  that  this  work 
can  be  more  cheaply  and  satisfactorily  done  by  present  insurance  organ- 
izations. If  such  is  the  case  there  will  be  no  need  for  the  mutual  com- 
panies, but  in  view  of  the  uncertainties  in  that  connection  we  believe 
your  commission  should  make  ample  provision  in  this  respect. 

11.  We  are  somewhat  at  a  loss  in  answering  this  question,  relating 
to  the  advisability  of  compelling  each  industry  to  insure  against  its  own 
accidents,  as  distinguished  from  a  general  insurance  scheme  under  State 
supervision.  In  our  view  the  general  insurance  scheme  will  be  substan- 
tially the  same  in  effect  as  if  each  industry  insured  against  its  own 
accidents;  that  is  the  rate  will  be  determined  by  the  degree  of  hazard. 

We  have  given  careful  consideration  to  the  German  system,  and  ad- 
mirable as  we  believe  it  to  be,  we  fear  that  it  cannot  be  adapted  to  our 
conditions  in  this  respect. 

In  conclusion  we  submit  herewith  two  reports  compiled  from  data 
secured  from  our  members  and  our  records.  The  first  relates  to  the 
number  of  recommendations  of  our  factory  inspector  acted  upon  during 
one  year.  The  second  relates  to  data  called  for  by  your  request  for  em- 
ployers' general  report. 

Yours  respectfully, 

EMPLOYERS'  ASSOCIATION  OF  DETROIT, 
WALTER  S.  RUSSEL,  A.  A.  TEMPLETON, 

Chairman  Committee  on  Employers'  President. 

Liability  and  Workmen's  Compensation. 


FACTORY  INSPECTION,   OCTOBER  24,   1910,  TO  NOVEMBER  10,   1911 


Number  of 
items 
reported. 

Number 
removed 
or  guarded. 

Suggestions  made  regarding: 
Exposed  set  screws     

800 

700 

Unguarded  gears  

220 

149 

Exposed  bolt  ends  on  couplings  

296 

279 

Guards  for  wood-working  machines  

110 

63 

Unguarded  belts  

121 

77 

Unguarded  pulleys  and  flywheels 

54 

41 

Exposed  keys  in  fly  wheels  

45 

37 

Stairs  not  provided  with  rails     .    .    . 

64 

51 

Fire  doors  blocked  or  out  of  order  

104 

97 

Pits  and  platforms  not  railed  
Unsafe  ladders  

39 

70 

30 
57 

Elevators,  gates,  shafts,  etc  

89 

57 

Boilers,  low  water  alarms,  valves,  etc  
Unguarded  emery  wheels  . 

57 
91 

44 
73 

Miscellaneous  . 

288 

203 

Total  

2,448 

1,958 

It  will  be  found  when  the  present  inspection  has  been  completed  that 
in  the  majority  of  instances  the  items  indicated  by  the  above  figures  as 
requiring  attention,  have  been  corrected  or  are  now  receiving  attention. 


136 


EMPLOYERS'    LIABILITY    AND 


DATA   COMPILED   BY   EMPLOYERS'    ASSOCIATION   OF   DETROIT  FROM   INFORMATION 
FURNISHED  BY  ITS  MEMBERS. 


Average  number  of  men 
employed  during  the  year  1910. 

Production 
payroll, 
1910. 

Liability  in- 
surance prem- 
iums for  1910. 

Amount  ex- 
pended for 
doctor's  bills, 
first  aid,  and 
other  payments 
made  as  result 
of  accidents  — 
1910. 

2,500... 
1  900 

$1,472,735  03 
2  261   000  00 

$2,650  92 
2  963  40 

$1,960  00 

2,800  
1  400 

1,741,065  24 
979  ,"596  45 

3,125  00 

2,356  00 
12  963  40 

1,450  
791  
515  
450  
509  
642  
315  
400  
310  
327  
•     300  
300  
389  
350  
200                             

804,572  44 
655,748  94 
315,815  75 
305,849  00 
302,982  08 
301,971   27 
263,790  92 
211,121   20 
199,238  24 
188,732  20 
187,185  93 
162,633  56 
150,000  00 
134,195  77 
121,734  72 

2,788  36 
1,170  00 
904  50 
550  53 
1,412  39 
480  34 
490  00 
360  45 
800  00 
425  00 
850  00 
241  49 
330  00 
466  93 
400  00 

387  00 
995  90 

244  25 
475  00 

'  '150'S8 
434  87 

5  66 
45  00 
150  00 

7i7  62 

195  
201  
160 

118,937  74 
108,309  41 
102   845  00 

710  00 
236  62 
234  89 

301   00 
155  00 
121   00 

150  
95  

98,000  00 
89,478  60 

644  83 
84  00 

87  80 

150  
166  
115 

88,353  92 
78,322  86 
77   065   14 

'  '578'  34' 
135  00 

50  00 
550  00 

175  
100 

75,000  00 
5ti    160  00 

147  00 
121   00 

56  66 

70  
70                                                             •    • 

50;  964   13 
50  000  00 

106  05 
200  00 

100 

49  4S7   37 

64  93 

60                                                                ... 

48  370  00 

156  25 

179  00 

71  

47,940  00 
45,000  00 

95  88 

80  00 

90  66 

87.. 

43,856  50 

107  44 

47 
45.!  . 

36,565  66 
36,  128  47 

'  '  175  00 

29  75 
4  00 

85 

35    (100    00 

95  58 

55  
44  
66 

33,800  21 
33,800  00 
32  928   10 

'  '  200   00  ' 

25  00 
100  00 

50  

30,565  35 

52  
35  

29,229  93 

26,000   00 

47   19 
32  50 

40  
35  
39  .             

26,000   00 
25,000  00 
24,603   57 

175  00 

25  00 
34  36 

28  
25 

24,000  00 
22   045   75 

200  00 
99  24 

•  16  66 

35 
24 

22,000   00 
21   000  00 

175  00 
100  00 

28  00 

30  

32  
23  
25  
27  
30  

20,126  08 
19,822   75 
19,000  00 
18,200  00 
17,07(>   73 
17,902   66 

31  25 
108  99 

'126  '66' 

40  00 
82  62 

7  00 

"160"  66 

25  00 
5  00 

19  

15,000   00 

27  00 

2  00 

30 

15  000  00 

50  00 

23 

14  044  56 

119  37 

57  29 

30 

13   000  00 

598  00 

13  

10,311    70 

77   34 

WORKMEN'S    COMPENSATION    COMMISSION.  137 

DATA  COMPILED  BY  EMPLOYERS'  ASSOCIATION  OF  DETROIT.— CONCLUDED. 


Average  number  of  men 
employed  during  the  year  1910. 

Production 
payroll, 
1910. 

Liability 
insurance  prem- 
iums for  1910. 

Amount  ex- 
pended for 
doctor's  bills, 
first  aid,  and 
other  payments, 
made  as  result 
of  accidents  — 
1910. 

28 

$9,964  84 

$87  50 

10 

9  360  00 

25  00 

14  
11 

9,612  07 
9,320  93 

20  00 

$103  50 

10  
9  

8,000  00 
5,200  00 
5  000  00 

20  00 

4 

4,680  00 
4  000  00 

60  00 

5 

3   100  00 

5  

7 

2,500  00 
5  000  00 

346  
503 

253,058  16 
376  997   10 

29  76 
753  99 

1,076  69 

Total 

$13  332  604  03 

$27,063  87 

$24,699  01 

To  insure  reasonable  accuracy  in  the  figures  representing  the  average 
number  of  men  employed  for  one  year,  i.  e.,  to  prevent  receiving  reports 
giving  instead  of  the  average  number  the  total  number  of  men  employed, 
the  following  explanation  appeared  on  our  call  for  the  data: 

"Average  number  of  men  employed  should  be  determined  by  computing 
the  total  number  of  days  all  the  men  (on  the  production  pay  roll)  that 
were  engaged  during  the  year  worked,  and  dividing  that  total  by  the 
number  of  working  days  in  the  year,  viz :  307.  For  example : 


1000  men  paid  for  307  days  each 
300  men  paid  for  200  days  each 
200  men  paid  for  150  days  each 
500  men  paid  for  60  days  each 

2000 


307,000 
60,000 
30,000 
30,000 

307)427,000(1390 


"While  this  statement  indicates  that  2,000  men  were  employed  during 
the  year,  1,390  represents  the  average  number  that  worked  a  full  year." 


138  EMPLOYERS'    LIABILITY    AND 


AGRICULTURAL  INQUIRIES. 

Members  of  the  Gleaners  and  the  Grange  societies  of  Michigan  re- 
ceived the  following  circular  form : 

Detroit,  Mich.,  July  1st,  1911. 
Dear  Sir: 

It  has  probably  come  to  your  knowledge  that  by  the  last  Legislature  this  Commission  was  appointed 
to  inquire  and  report  in  regard  to  the  system  of  Employers'  Liability  in  force  in  this  State.  The  report 
and  investigation  should  in  its  opinion  cover  employers  and  employes  on  Michigan  farms.  It  appears 
to  the  Commission  that  for  the  purposes  of  their  inquiry  it  is  important  that  they  should  have  before 
them  the  views  of  representatives  of  the  agricultural  industry,  in  which  a  considerable  percentage  of 
our  citizens  are  employed  and  in  which  the  industrial  hazard  is  relatively  high.  The  Commission  be- 
lieves that  you  must  have  experience  or  information  as  to  the  workings  of  the  present  law  and  sug- 
gestions for  its  amendment  which  will  be  of  value.  The  Commission  particularly  requests  that  you 
will  make  answers  in  writing  to  the  lists  of  questions  attached,  and  in  addition  will  be  glad  to  receive 
from  you  your  observations  as  to  the  other  matters  within  the  scope  of  the  inquiry. 
It  is  urgent  that  your  reply  be  received  at  as  early  a  date  as  possible. 

Yours  truly, 

HAL  H.  SMITH. 

Chairman. 

1.  What  is  your  opinion  as  to  the  fairness  of  the  law  in  this  State  with  regard  to  liability  of  cm 
ployers  for  accident  to  their  employees?     What,  if  any,  are  your  suggestions  as  to  the  amendment  of 
the  law? 

2.  What  is  your  opinion  of  the  operation  and  adequacy  of  the  Labor  Law  of  this  State  in  relation 
to  the  prevention  of  accidents,  and  what,  if  any,  are  your  suggestions  for  its  amendment  in  that  regard? 

3.  Are  you  in  favor  of  a  system  under  which  all  accidents  to  employes  shall  be  compensated  with- 
out regard  to  negligence,  but  under  which  the  compensation  paid  shall  be  limited  in  amount?     Please 
state  reasons  for  your  answer. 

4.  Or  are  you  in  favor  of  modifying  or  enlarging  the  present  liability  of  employer  without  any 
change  in  the  present  system? 

5.  If  you  are  in  favor  of  such  a  plan,  as  referred  to  in  question  four  are  you  of  the  opinion  that  the 
expense  should  be  borne  by  the  employer,  or  shared  between  the  employer  and  employe? 

6.  What  is  your  opinion  as  to  the  advisability  of  the  State  bearing  a  portion  or  all  of  this  expense 
and  collecting  same  from  the  general  public  by  taxation? 

7.  Will  you  furnish  to  the  Commission  any  information  you  may  have  as  to  accidents  to  farm  em- 
ployes, giving  the  cause,  extent  of  injury,  extent  of  financial  loss  to  workman  and  compensation  re- 
ceived, and  whether,  or  not,  any  litigation  ar 

AGRICULTURAL    SOCIETIES    RESPONDING. 

Andrew  Berger.  Scotts.  Mich. 

North  Rome  Grange  No.  735. 

Central  Berrien  County  Agricultural  Society. 

E.  O.  Ladd,  Old  Mission,  Mich. 

Gleaners'  Arbor  No.  L'l. 

Saugatuck  and  Ganges  Pomological  Society. 

A.  A.  Peck.  Battle  Creek.  Mich. 

Eaton  County  Agricultural  Society. 

Marion  Grange  No.  670. 

Gun  Plain  Grange.  Plainwell,  Mich. 

Grand  Traverse  Grange.  Traverse  City.  Mich. 


WORKMEN'S    COMPENSATION    COMMISSION.  139 


LABOR  ORGANIZATIONS. 

Secretaries  of  labor  organizations  were  sent  the  following  list  of  ques- 
tions : 

Dear  Sir: 

It  has  probably  come  to  your  knowledge,  that  by  the  last  Legislature  this  Commission  was  appointed 
to  inquire  and  report  in  regard  to  the  system  of  Employers'  Liability  in  force  in  this  State.  It  appears 
to  the  Commission  that  for  the  purposes  of  their  inquiry  it  is  important  that  they  should  have  before 
them  the  views  of  representative  associations  of  workmen,  and  they  believe  that  you  must  have  ex- 
perience or  information  as  to  the  workings  of  the  present  law  and  suggestions  for  its  amendment  which 
will  be  of  value.  The  Commission  particularly  requests  that  you  will  make  answers  in  writing  to  the 
list  of  questions  attached,  and  in  addition  will  be  glad  to  receive  from  you  your  observations  as  to  any 
other  matter  within  the  scope  of  the  inquiry.  Will  you  bring  this  matter  before  your  union  at  the 
next  meeting? 

It  is  urgent  that  your  reply  be  received  at  as  early  a  date  as  possible. 

Yours  truly, 

HAL  H.  SMITH, 

Chairman. 

1.  What  is  your  opinion  as  to  the  fairness  of  the  law  in  this  State  with  regard  to  the  liability  of 
employers  for  accidents  to  their  employes?     What,  if  any,  are  your  suggestions  as  to  the  amendment 
of  the  law? 

2.  What  is  your  opinion  of  the  operation  and  adequacy  of  the  Labor  Law  of  this  State  in  relation 
to  the  prevention  of  accidents,  and  what,  if  any,  are  your  suggestions  for  its  amendment  in  that  regard? 

3.  Is  the  court  andfjury  system  for  fixing  responsibility  for  industrial  accidents  now  existing  in  the 
State  satisfactory  in  its  operation?     If  you  answer  no,  state  why. 

4.  Are  you  in  favor  of  a  system  under  which  all  accidents  to  employes  shall  be  compensated  for 
without  regard  to  negligence,  but  under  which  the  compensation  paid  shall  be  limited  in  amount? 
Please  state  reasons  for  your  answer. 

5.  Or  are  you  in  favor  of  modifying  or  enlarging  the  present  liability  of  employers  without  changing 
the  present  system? 

6.  If  you  are  in  favor  of  such  a  plan,  as  referred  to  in  question  four,  are  you  of  the  opinion  that  the 
expense  should  be  borne  by  the  employer,  or  shared  between  employer  and  employe? 

7.  What  is  your  opinion  as  to  the  advisability  of  the  State  bearing  a  portion  or  all  of  this  expense 
and  collecting  same  from  the  general  public  by  taxation. 

8.  What  is  your  experience  as  to  the  value  of  relief  associations  of  employes? 

9.  What  are  the  methods  and  provisions  of  your  union  for  the  care  of  its  injured  members? 

10.  How  large  a  percentage  of  the  expenses  of  your  union  per  annum  are  paid  for  relief  of  injured 
members? 

11.  Will  you  furnish  to  the  Commission  any  statistics  as  to  the  number  of  your  members  injured  in 
the  course  of  employment  and  compensation  received? 

12.  Do  your  members  make  all  possible  use  of  accident  prevention  devices,  and  what  is  your  ob- 
servation as  to  the  extent  to  which  they  are  installed. 

LABOR  UNIONS  RESPONDING. 

Detroit  Photo-Engravers  Union  No.  12,  Detroit,  Mich. 

Detroit  Typographical  Union  No.  18,  Detroit,  Mich. 

International  Moulders'  Union  of  North  America,  Kalamazoo,  Mich. 

Metal  Polishers,  Buffers  and  Platers  Union  No.  1,  Detroit,  Mich. 

United  Mine  Workers  of  America,  Union  No.  1018,  St.  Charles,  Mich. 


140  EMPLOYERS'    LIABILITY    AND 

Brotherhood  of  Painters,  Decorators  and  Paperhangers  No.  548,  Lud- 
ington,  Mich. 

United  Brotherhood  of  Carpenters  and  Joiners  of  America,  Union  No. 
1802,  Grand  Rapids,  Mich. 

Detroit  Electrotypers  Union  No.  54,  Detroit,  Mich. 

International  Longshoremen,  Marine  and  Transport  Workers  Asso- 
ciation, Harbor  Springs,  Mich. 

International  Union  of  United  Brewery  Workmen,  Local  No.  10,  Grand 
Rapids,  Mich. 

Bricklayers  International  Union,  Grand  Rapids,  Mich. 

United  Brotherhood  of  Carpenters  and  Joiners  of  America  No.  1077, 
Owosso,  Mich. 

The  Detroit  Clothing  Cutters'  Union  No.  60,  Detroit,  Mich. 

United  Mine  Workers  of  America  Union  No.  2G64,  Bay  City,  Mich. 

United  Garment  Workers  of  America  No.  250,  Grand  Rapids,  Mich. 

Michigan  State  Conference  of  the  B.  M.  and  Plasterers,  Detroit;  Mich. 

Detroit  Stereo typers  Union  No.  9,  Detroit,  Mich. 

International  Longshoremen's  Association  No.  279,  Escanaba,  Mich. 

Switchmen's  Union  of  North  America  No.  80,  Grand  Rapids,  Mich. 

Cigarmakers'  International  Union  of  America  No.  22,  Detroit,  Mich. 

Port  Huron  Trades  and  Labor  Council,  Port  Huron,  Mich. 

Port  Huron  Typographical  Union  No.  300,  Port  Huron,  Mich. 

Wolverine  Lodge,  International  Association  of  Machinists,  Bay  City, 
Mich. 


REPORT  OF  MICHIGAN  STATE  FEDERATION  OF  LABOR. 

The  Michigan  State  Federation  of  Labor  at  its  annual  convention  held 
in  Battle  Creek,  during  September,  elected  a  committee  to  consider  the 
matter  of  workmen's  compensation,  and  the  following  is  their  report  to 
that  body: 

To  the  Officers  and  Delegates  of  the  Michigan  Federation  of  Labor : 

Your  committee  on  Employers'  Liability  and  Compensation,  find  that 
to  endeavor  to  draft  a  bill  of  that  nature,  which  would  be  satisfactory 
and  give  it  the  detailed  scrutiny  necessary  to  get  a  good  bill,  would  be 
a  practical  impossibility. 

We  have  therefore  set  forth  certain  essential  features  which  we  believe 
should  be  in  any  bill  to  which  this  federation  gives  its  support,  and 
recommend  that  this  body  declare  for  their  incorporation  in  any  liability 
bill  to  which  it  lends  its  support. 

First.  That  it  shall  not  be  a  defense  that  the  employe  was  negligent; 
that  injury  was  caused  by  negligence  of  a  fellow  employe,  or  that  the 
employe  had  assumed  the  risk  of  injury. 

Second.  That  compensation  allowed  for  injury,  shall  not  be  assign- 
able or  subject  to  or  liable  in  any  way  for  debts. 

Third.     That  compensation  shall  be  one-half  the  regular  wages  of  the 


WORKMEN'S    COMPENSATION    COMMISSION.  141 

employe,  with  a  maximum  of  $10  and  a  minimum  of  $4  per  week,  ex- 
cept where  injury  occurs  where  employer  is  operating  in  violation  of 
any  law,  regarding  hours  of  work,  age  of  employe  or  use  of  any  safe- 
guard provided  for  by  law,  where  the  compensation  shall  be  doubled. 

Fourth.  That  measures  be  provided  by  which  employing  interests  shall 
provide  funds  for  paying  such  compensation. 

Fifth.  In  case  of  death  where  injured  employe  leaves  no  dependents, 
expense  of  his  sickness  shall  be  paid,  and  a  reasonable  sum  for  burial. 

Sixth.  Where  incapacity  for  work  by  reason  of  injury  is  partial, 
employe  shall  receive  the  difference  between  his  ability  to  earn  and  pre- 
vious wages,  but  not  more  than  $10  a  week,  nor  less  than  $4. 

Seventh.  That  employes  shall  automatically  come  under  the  compen- 
sation law  unless  he  give  notice  to  employer  within  thirty  days  after 
beginning  work  that  he  elects  to  sue  under  the  common  law. 

Eighth.  That  no  agreement  by  an  employe  to  waive  his  compensation 
shall  be  valid. 

Ninth.  That  any  compensation  law  shall  be  administered  by  a  State 
commission,  preferably  of  three  members,  one  of  which  shall  be  recom- 
mended by  this  body  in  such  manner  as  it  may  provide,  if  such  provision 
can  be  so  formulated  as  to  be  constitutional. 

Tenth.  That  such  commission  be  sole  judge  of  facts,  but  may  report 
questions  of  law  to  the  supreme  court  for  determination. 

Eleventh.  That  where  injury  occurs  on  subcontracted  work,  the  main 
employer  shall  be  held  liable. 

Kespectfully  submitted, 

W.  H.  STEWART, 
FEED.  SHULTZ, 

SAM  T.  PENNA, 
JAS.  SMITH, 
GEO.  D.  BAILEY, 

Committee. 

After  discussions  and  motions  were  made  and  withdrawn,  the  report 
of  the  committee  was  adopted. 

Telegrams  were  read  from  the  secretary  of  Liability  Commission,  ask- 
ing for  the  committee  elected  by  the  Michigan  Federation  of  Labor  to  a 
public  meeting  at  Grand  Kapids,  September  29,  and  Detroit,  September 
30. 

Moved  by  Penna,  seconded  by  several,  that  they  be  referred  to  the 
incoming  executive  board. 

Carried. 

Moved  by  Penna,  seconded  by  several,  that  the  secretary  stand  in- 
structed to  notify  all  affiliated  unions  of  the  answers  to  the  questions 
sent  out  by  the  Liability  Commission. 

The  following  committee  was  elected  to  serve  with  the  compensation 
commission  appointed  by  the  governor:  W.  H.  Stewart,  Kalamazoo; 
Geo.  Bailey,  Jackson;  Claude  Taylor,.  Grand  Rapids;  Homer  F.  Water- 
man, Kalamazoo,  and  August  Bricault,  Grand  Rapids. 


142  EMPLOYERS'    LIABILITY    AND 

REPORT    OF    PRESS    AND   THANKS    COMMITTEE. 

Battle  Creek,  Mich.,  Sept.  22,  1911. 

To  the  Officers  and  Delegates  of  the  Twenty-second  Annual  Convention 
of  the  Michigan  Federation  of  Labor: 

We  desire  to  thank  His  Honor,  Governor  Chase  S.  Osborn,  for  his 
impartiality  in  the  appointment  of  members  on  the  Liability  Commission. 
Also  desire  to  thank  the  members  of  the  commission  for  the  able  assist- 
ance rendered. 


STATEMENT  OP  LAW. 

To  satisfy  the  demand  for  information  as  regards  the  accepted  view 
by  Michigan  courts  of  the  common  law  as  at  present  interpreted,  the 
statement  given  below  was  prepared  by  the  commission  for  distribution : 

A  Brief  General  Statement  of  the  Lam  of  Michigan  as  to  Recovery  "by 
Litigation  for  Personal  Injuries  or  Death  Suffered  by  an  Employe 
in  the  Course  of  His  Employment. 

Bearing  in  mind  the  general  rale  that  an  employer  can  be  held  for 
injuries  or  death  suffered  by  an  employe  while  he  is  acting  within  the 
scope  of  his  assigned  duties,  where  the  employer  has  failed  to  use  such 
reasonable  care  to  prevent  injuries,  as  the  nature  and  dangers  of  the 
business  admit  of  and  demand,  it  is  to  be  noted  that,  in  this  State,  the 
employe's  recovery  may  be  barred  by  the  application  of  one  or  more 
of  three  rules  of  law,  commonly  referred  to  as  the  employer's  defenses, 
and  which  constitute  exceptions  to,  or  qualifications  of,  the  general  rule. 
They  are  as  follows : 

1.  Assumption  of  Risk.    Unless  there  is  an  express  agreement  to  the 
contrary,  it  is  held  to  be  a  part  of  the  contract  of  employment  that  the 
employer  shall  not  be  liable  to  the  employe  for  injuries  which  are  ordi- 
narily incident  to  the  particular  kind  of  work  he  undertakes  to  do,  or 
Which  he  knows,  or  ought  to  know,  are  likely  to  occur  in  connection  with 
that  work.    This  is  true  whether  the  work  is  regarded  as  dangerous  or 
otherwise.     The  employe  assumes  the  risk  of  such  injuries.     The  Michi- 
gan court  has  held,  however,  that  the  employe  has  not  assumed  the  risk 
of  an  injury  resulting  from  the  employer's  noncompliance  with  some 
statute,  such  as  that  providing  for  the  use  of  safety  devices,  etc. 

2.  Fellow  Servant.     An  employe  cannot  recover  from  his  employer 
in  case  he  is  injured  through  the  negligence  of  a  fellow  employe  en- 
gaged in  the  same  general  business,    provided    the    employer  has  been 
reasonably  careful  in  hiring,  and  in  retaining,  the  fellow-employe,  and 
has  furnished  proper  means  for  carrying  on  the  work.     The  employe 
assumes  the  risk  of  such  injury.     This  rule,  it  may  be  said  generally, 
does  not  apply  in  cases  where  injury  or  death  results  from  the  act  of 
one  who  represents  the  employer  in  the  management  of  the  entire  busi- 
ness or  some  distinct  branch  of  it. 


WORKMEN'S    COMPENSATION    COMMISSION.  143 

3.  Contributory  Negligence.  Where  the  employe's  own  negligence,  or 
lack  of  ordinary  care  or  caution,  is  so  far  the  cause  of  the  injury  or  death 
that  without  it  the  injury  or  death  would  not  have  occurred,  he  cannot, 
as  a  general  rule,  recover.  But  he  can  if  the  employer  has  been  grossly 
or  wilfully  negligent,  or  if  he  might  have  prevented  the  employe's  negli- 
gence taking  effect. 


APPENDIX  VII. 

TYPICAL  RELIEF  AND  COMPENSATION  PLANS  NOW  IN  OPERA- 
TION IN  MICHIGAN. 

Benefit  and  Relief  Plans  of  the  Cleveland-Cliffs  Iron  Company. 

For  twenty-five  or  thirty  years  it  has  been  the  practice  of  the  mining 
companies  of  the  Lake  Superior  region  to  maintain  what  has  been  gen- 
erally called  mine  benefit  clubs,  with  a  club  fund  to  which  both  employes 
and  the  companies  contribute,  usually  in  equal  amounts.  From  these 
funds  payments  are  made  on  account  of  accidental  injuries  received  by 
the  members  while  at  work,  and  from  deaths  resulting  from  accident 
occurring  while  in  the  discharge  of  their  duty.  The  amount  of  payment 
has  been  from  $20  to  $25  per  month  in  case  of  injury,  and  in  case  of 
death  resulting  from  such  injury,  from  |300  to  $500  is  paid  to  the  widow 
or  family  of  the  deceased. 

The  benefit  clubs  of  the  Cleveland-Cliffs  Iron  Company,  whose  general 
mining  offices  are  located  at  Ishpeming,  organized  along  the  same  general 
lines  as  the  others,  the  first  one  25  years  ago,  have  the  following  provi- 
sions : 

Each  employe  contributes  thirty  cents  per  month  to  the  benefit  fund, 
and  the  company  contributes  an  equal  amount. 

From  the  funds  thus  provided  there  is  paid  in  case  of  an  accident 
occurring  while  the  employe  is  engaged  in  his  regular  work : 

$20.00  per  month  to  a  single  man. 

$25.00  per  month  to  a  married  man. 

These  payments  are  made  monthly  during  the  period  of  disability, 
not  to  exceed  fifty-two  (52)  weeks,  no  payment  being  made  for  the  first 
five  (5)  days  of  disability. 

In  addition  to  the  monthly  benefit  payments,  other  amounts  are  paid 
for  certain  serious  injuries,  as  follows: 

Loss  of  one  arm,  leg  or  eye,  $166.66. 

Loss  of  both  arms,  legs  or  eyes,  $500.00. 

In  case  of  death  resulting  from  an  injury,  a  death  payment  of  $500.00 
is  made. 

Arrangements  are  made  by  the  company  with  first-class  physicians, 
so  that  upon  the  payment  of  $1.00  per  month,  the  employe  and  his  entire 
family  are  provided  with  medical  attendance  and  the  necessary  medi- 
cines, and  in  case  of  an  accident,  he  receives  hospital  treatment  as  long 


144  EMPLOYERS'    LIABILITY    AND 

as  it  is  needed  without  any  extra  charge.  These  hospitals  are  conducted 
by  the  physicians  as  private  enterprises,  but  under  the  supervision  of 
the  company.  This  arrangment  has  given  general  satisfaction. 

While  these  benefit  payments  have  been  of  very  great  help  to  the 
families  of  the  men  employed,  it  was  found  that  in  case  of  death  these 
payments  were  not  adequate,  and  the  company,  after  very  thorough 
investigation,  established  a  pension  system  that  went  into  effect  January 
1,  1909.  This  system  provides  for  a  pension  for  old  employes  who  have 
been  in  the  service  of  the  company  for  a  period  of  twenty-five  years. 
This  provision  includes  a  considerable  number  of  employes.  It  is  not 
at  all  unusual  for  miners  to  continue  in-  the  employ  of  one  company 
for  twenty-five  years.  In  fact,  one  of  the  men  pensioned  under  this 
system  had  been  in  the  employ  of  the  Cleveland-Cliffs  Iron  Company 
for  forty -six  years.  The  pension  system  also  provides  for  the  payment 
of  a,  pension  to  the  widows  and  children  of  men  whose  death  has  re- 
sulted from  an  accident  while  in  the  employ  of  the  company.  This  pro- 
vides for  a  payment  of  $12.00  per  month  to  the  widow  and  $1.00  per 
month  additional  for  each  child  under  the  age  of  sixteen,  for  a  period 
of  five  years.  In  case  the  children  were  under  the  age  of  ten  at  the 
time  of  death  of  the  father,  the  pension  payment,  by  action,  of  the  pen- 
sion board,  may  be  continued  beyond  the  period  of  five  years,  and  until 
such  time  as  the  family  becomes  selfsupporting,  or  the  children  who  have 
reached  the  age  of  sixteen  years,  are  capable  of  rendering  such  support. 
In  case  the  mother  is  also  dead,  the  payments  are  made  to  the  children 
on  the  same  basis  as  though  the  mother  were  living,  they  receiving  the 
full  amount  of  payments  as  above  provided  for. 

During  the  three  years  in  which  this  plan  has  been  in  operation,  the 
effect  has  been  very  beneficial  and  the  families  have  been  able  to  main- 
tain themselves  with  this  assistance,  without  which  they  would  have 
become  a  public  charge.  These  payments  have  been  made  entirely  by 
the  company,  without  any  contributions  by  the  men. 

The  following  instances  of  families  now  on  our  pension  roll  will  show 
the  amount  of  money  which  will  be  paid  in  case  of  accidents  which  have 
occurred  since  the  plan  went  into  effect: 

Pension  No.  25,  widow  with  two  children,  a  boy  of  eleven  and  a  girl 
eight  years  old,  payment  of  $14.00  per  month,  $168.00  per  year,  or  $840.00 
in  five  years.  This  added  to  the  $500.00  paid  from  the  benefit  club  funds 
gives  the  family  $1,340.00. 

Pension  No.  16,  widow  with  five  children,  oldest  one  five  years  old,  will 
receive  $17.00  per  month,  $204.00  per  year,  or  a  payment  in  ten  years 
of  $2,040.00.  This  added  to  the  $500.00  paid  from  the  benefit  club  funds, 
gives  the  family  $2,540.00. 

This  pension,  by  action  of  the  pension  board,  may  be  continued  still 
longer,  or  until  such  time  as  the  older  children  will  be  able  to  assist 
in  the  support  of  the  family. 

The  payment  of  $500.00  from  the  club  fund  is  of  especial  service,  it 
being  paid  in  a  lump  sum  within  a  short  time  after  the  death  of  the 
employe.  This  amount  of  money  is  practically  always  sufficient  to  pay 
for  the  funeral  expenses,  and  any  outstanding  bills,  so  that  the  family 
is  able  to  start  without  any  old  obligations  to  be  met.  The  money  pro- 
vided by  the  club  fund  and  also  by  the  pension  system  is,  however,  not 


WORKMEN'S    COMPENSATION    COMMISSION.  145 

subject  to  attachment,  levy  or  seizure,  but  is  for  the  actual  use  of  the 
family. 

Any  compensation  plan  would  add  to  its  usefulness  and  value  by  hav- 
ing a  provision  for  the  payment  of  some  lump  sum  soon  after  the  acci- 
dental death  of  any  employe.  This  sum  should  not  be  less  than  f  300.00. 

Benefit  and  Relief  Plans  of  the  Oliver  Iron  Mining  Company. 

The  Oliver  Iron  Mining  Company  has,  since  1880,  maintained  an  aid 
fund  to  which  the  men  contribute,  and  from  which-  fund  a  benefit  pay- 
ment of  |25.00  per  month  is  paid  in  case  of  injury,  and  $300.00  in  case 
of  death. 

In  1901,  Mr.  Andrew  Carnegie  established  a  trust  fund  of  $4,000,000 
of  the  Carnegie  company's  bonds,  the  income  of  which  is  applied  as 
follows: 

1st.  To  provide  for  employes  of  the  Carnegie  company,  in  all  its 
works,  mines,  railways,  shops;,  etc.,  injured  in  its  sendee,  and  for  those 
dependent  upon  such  employes  as  are  killed. 

2nd.  To  provide  small  pensions  or  aids  to  such  employes  as  after  long 
and  creditable  service,  through  exceptional  circumstances,  need  such 
help  in  their  old  age,  and  who  make  good  use  of  it. 

The  income  from  this  fund  .supplements  the  assistance  rendered 
through  the  aid  fund,  and  payments  are  made  for  such  injuries  as  con- 
tinue longer  than  one  year,  and  as  long  as  the  injured  man  lives,  on  the 
basis  of  seventy-five  cents  per  day  for  an  unmarried  man  and  $1.00  per 
day  for  a  married  man.  In  case  of  death  the  following  schedules  of  pay- 
ments are  made: 

$500.00  for  the  widow  of  the  deceased. 

$100.00  additional  for  each  child  under  the  age  of  sixteen  at  the  date 
of  deceased  employe's  death,  but  in  no  case  to  exceed  $1,200.00. 

The  company  also  established  a  voluntary  accident  relief  plan  which 
w*ent  into  effect  May  1,  1910,  with  the  following  provisions: 

In  case  of  accident,  the  disability  of  w^hich  lasted  more  than  ten  days, 
payments  are  made  for  the  period  of  disability,  but  not  to  exceed  fifty- 
two  (52)  weeks.  * 

Single  men,  who  have  been  five  years  or  less  in  the  service  of  the  com- 
pany shall  receive  thirty-five  per  cent  of  the  daily  wages  they  were  re- 
ceiving at  the  time  of  the  accident.  Single  men  of  more  than  five  years' 
service  shall  receive  an  additional  two  per  cent  for  each  year  of  service 
over  five  years.  But  in  no  case  shall  single  men  receive  more  than  $1.50 
per  day,  after  deducting  the  first  ten  days. 

Married  men  living  with  their  families  who  have  been  in  the  service 
of  the  company  five  years  or  less  shall  receive  fifty  per  cent  of  the  daily 
wages  they  were  receiving  at  the  time  of  the  accident.  For  each  addi- 
tional year  of  service  above  five  years  two  per  cent  shall  be  added  to  the 
relief.  For  each  child  under  sixteen  years  five  per  cent  shall  be  added 
to  the  relief.  But  in  no  case  shall  the  relief  exceed  $2.00  per  day  for 
married  men,  after  deducting  the  first  ten  days. 

If  permanent  disability  results,  the  payment  depends  upon  the  extent 
that  such  injury  disables  them  from  their  regular  employment.     The 
following  injuries  have  specified  amounts,  and  others  in  proportion  to 
these  injuries: 
19 


146  EMPLOYERS'    LIABILITY    AND 

(a)  For  the  loss  of  a  hand,  twelve  months'  wages. 

(b)  For  the  loss  of  an  arm,  eighteen  months'  wages. 

(c)  For  the  loss  of  a  foot,  nine  months'  wages. 

(d)  For  the  loss  of  a  leg,  twelve  months'  wages. 

(e)  For  the  loss  of  one  eye,  six  months'  wages. 

In  case  of  death  from  accidents  which  happen  in  the  work  of  the  com- 
pany, the  Widows  and  children  are  entitled  to  the  following  death  relief : 

In  the  case  of  married  men  living  with  their  families,  who  have  been 
in  the  service  of  the  company  five  (5)  years  or  less  and  leave  widows, 
or  children  under  sixteen  (16)  years  of  age,  the  company  will  pay  relief 
to  an  amount  equal  to  eighteen  months'  wages  of  the  deceased  employe. 
For  each  additional  year  of  service  above  five  years,  three  per  cent  shall 
be  added  to  the  relief.  For  each  child  under  sixteen  (16)  years,  ten  per 
cent  shall  be  added  to  this  relief. 

But  in  no  case  shall  this  death  relief  exceed  three  thousand  dollars 
(13,000.00). 

This  plan  was  put  into  effect  for  one  year,  but  has  been  so  satisfactory 
that  it  has  been  continued. 

The  payments  made  under  this  voluntary  accident  relief  plan  are  not 
in  addition  to  those  made  from  the  Carnegie  trust  fund,  except  in  cer- 
tain cases.  Generally  speaking,  the  total  amount  received  is  that  fixed 
by  the  voluntary  accident  relief  plan,  and  the  income  of  the  Carnegie 
trust  fund  is  applied  to  these  payments  so  far  as  it  is  available,  after 
which  the  balance  is  paid  by  the  company,  except  in  cases  of  total  per- 
manent disability,  payments  for  which  are  continued  during  life  by  the 
Carnegie  trust  fund  according  to  the  schedule  above  referred  to. 

The  amount  paid  also  varies  according  to  the  length  of  time  the  in- 
jured man  had  been  in  the  employ  of  the  company.  In  the  rase  of  John 
Brown,  who  died  as  the  result  of  accident  at  the  Queen  mine,  which 
occurred  on  July  13,  1911,  the  following  payment  was  made  to  his  widow 
and  family: 

Schedule  allowance— 18  months'  wages  at  $68.75 $1,237  50 

Additional  allowance  for  four  children  under  sixteen  years  of 

age  at  ten  per  cent  each 495  00 

Funeral  expenses   96  00 


$1,828  50 

In  addition  to  the  foregoing,  the  family  received  the  sum  of  $300.00 
in  cash  from  the  Mine  Benefit  Club  above  referred  to,  making  a  total 
of  $2,128.50,  \vhich  was  paid  to  or  for  their  benefit. 

This  man  had  worked  less  than  five  years  for  the  company.  If  he  had 
been  employed  for  ten  years,  there  would  have  been  added  to  the 
schedule  payment,  above  mentioned,  three  per  cent  additional  for  each 
year's  services  in  excess  of  five  years,  or  $259.87,  making  a  total  of 
$2,388.37. 

There  are  many  employes  who  have  worked  much  longer  than  ten 
years,  and  in  some  cases  more  than  twenty  years  for  the  same  company, 
so  that  in  case  of  accidents  to  old  employes,  the  amount  paid  is  materially 
larger  than  the  figures  here  given. 

W.  H.  MOULTON, 
Secretary  Pension  Dep't,  The 
Cleveland-Cliffs  Iron  Co. 


WORKMEN'S    COMPENSATION    COMMISSION.  147 


COMPENSATION     DEPARTMENT     OF     THE    ASSOCIATED 
FACTORIES  OF  FLINT,  MICHIGAN. 

Purposes. — The  Associated  Factories  of  Flint,  Michigan,  is  an  unin- 
corporated association  comprised  of  the  following  factories  hereafter 
called  associates: 

"All  Flint  Vehicle  and  Automobile  Plants." 

Its  general  purpose  is  the  betterment  of  business  and  factory  con- 
ditions among  its  membership. 

The  purpose  of  the  compensation  department  is  to  afford  to  any  work- 
men, who  shall  comply  with  its  regulations,  certain  payments  to  be 
made  in  case  of  death  or  disability  from  sickness  or  accident.  The  pay- 
ments to  be  made  from  the  compensation  department  are  intended  to 
supplement  the  benefits  paid  by  the  Flint  Vehicle  Factories  Mutual 
Benefit  Association  and  will  not  begin  until  such  benefits  are  ended. 

The  Funds. — The  compensation  department  will  maintain  a  fund  to 
discharge  the  payments  to  be  made  hereunder  which  fund  shall  be  pro- 
vided by  contributions  by  each  associate  of  five  cents  per  week  for  each 
employe  in  its  plant  at  the  date  such  contribution  is  levied. 

If  the  contribution  of  five  cents  per  week  is  not  sufficient  to  discharge 
the  payments  hereinafter  provided  the  executive  committee  may  levy  an 
additional  assessment  of  not  to  exceed  five  cents  per  week  for  each 
employe  as  above  set  forth. 

Management. — The  compensation  department  will  be  under  the  sole 
management  of  the  executive  committee  of  the  associated  factories  and 
under  the  direct  supervision  of  the  secretary  thereof. 

The  executive  committee  or  such  committee  thereof  as  it  may  designate 
shall  meet  at  least  once  a  month  to  pass  upon  all  petitions  for  payments 
and  to  examine  the  reports  of  the  secretary  and  the  physician. 

Any  associate  withdrawing  from  the  compensation  department  shall 
not  withdraw  any  portion  of  fund.  But  if  the  associated  factories  dis- 
solve as  an  association,  any  surplus  remaining  in  the  compensation  de- 
partment shall  be  pro  rated  to  each  associate  in  proportion  to  the  con- 
tributions such  associate  has  made  thereto. 

The  associated  factories  shall  employ  a  physician,  who  shall  be  com- 
pensated from  the  compensation  department  fund.  Such  physician  shall 
examine  and  report  as  to  the  sickness  or  disability  of  any  workman 
eligible  to  the  benefits  of  the  compensation  funds  upon  the  receipt  by 
the  associated  factories  of  a  certificate  from  the  Flint  Vehicle  Factories 
Mutual  Benefit  Association  that  the  workman  is  still  sick  or  disabled  and 
has  exhausted  his  benefits  in  that  association.  In  case  of  the  death  of  a 
workman  he  shall  investigate  and  report  the  cause  of  death  and  as  to 
the  dependents  left  surviving  such  workman.  He  shall  investigate  and 
report  at  least  once  each  week  on  each  workman  to  whom  payments  are 
being  made  and  shall  certify  as  to  whether  or  not  such  workman  is  still 
under  disability.  He  shall  make  such  other  investigations  and  reports 
as  the  executive  committee  shall  deem  advisable. 

To  Whom  Payments  Made. — No  payment  shall  be  made  from  the  com- 


148  EMPLOYERS'    LIABILITY    AND 

pensation  department  to  any  workman  who  is  not  at  the  time  the  acci- 
dent happened,  or  the  sickness  began,  a  member  in  good  standing  of  the 
Flint  Vehicle  Factories  Mutual  Benefit  Association  and  who  at  the  time 
the  petition  for  payment  is  made  has  not  received  all  benefits  which  were 
payable  by  such  benefit  association. 

The  executive  committee  of  the  associated  factories  may,  however, 
make  such  payment  from  this  fund  a&  they  shall  determine  advisable, 
but  not  to  exceed  the  payments  hereinafter  specified  to  any  workman,  or 
dependents  thereof,  employed  in  any  of  the  associated  factories.  In  case 
of  death  of  any  workman  otherwise  entitled  to  the  payments  here  speci- 
fied, the  payments  will  be  made  to  his  (Tependents.  Dependents  mean 
such  members  of  the  workman's  family  a,s  were  dependent  upon  the 
workman  at  the  time  of  the  accident.  They  shall  include  only  dependent 
widow  or  husband  as  the  case  may  l>e  and  children  under  seventeen 
years  of  age  (or  even  seventeen  years  if  physically  and  mentally  incapaci- 
tated from  earning) ,  or  if  no  widow,  husband  or  children,  then  brothers, 
sisters  or  parents  as  the  case  may  be.  No  payment  shall  lie  made  to  any 
dependent  not  a  resident  of  the  United  States. 

In  every  case  the  question  of  whether  a  given  person  is  or  is  not  de- 
pendent on  a  deceased  workman  is  solely  within  the  discretion  of  the 
executive  committee.  Every  person  petitioning  for  payment  as  a  de- 
pendent shall  make  sworn  proof  of  his  dependency  on  blanks  prescribed 
by  the  executive  committee  and  such  proof  must  bem*  the  written  ap- 
proval of  the  physician  of  the  associated  factories  before  any  payment  is 
made  thereof. 

The  secretary  shall  be  given  notice1  in  writing  of  the  change  of  resi- 
dence of  any  dependent  or  workman  petitioning  for  or  receiving  pay- 
ments hereunder. 

How  Petition  for  Put/ni<'ii1  M<t<Ic. — No  payment  shall  be  made  to  any 
workman  or  his  dependents  until  a  certificate  sljall  be  presented  to  the 
associated  factories  signed  by  two  officers  of  the  Flint  Vehicle  Factories 
Mutual  Benefit  Association  certifying  that  the  workman  was  at  the  time 
the  accident  occurred,  or  the  illness  began,  a  member  in  good  standing 
of  such  association  and  that  at  the  date  of  such  certificate  he  had  been 
paid  all  the  benefits  agreed  to  be  paid  by  the  association.  Such  certifi- 
cate shall  likewise  set  forth  the  name  of  the  workman,  age,  whether 
married  or  single  and  members  of  family,  if  any,  where  employed,  length 
of  time  employed,  names  and  ages  of  dependents,  if  any,  names  of  wit- 
nesses to  accident,  name  of  attending  physician,  length  of  membership 
in  Flint  Vehicle  Factories  Mutual  Benefit  Association,  cause  and  nature 
of  accident  or  sickness,  and  duration  of  such  disability  or  sickness  and 
such  other  information  as  the  executive  committee  shall  require. 

Before  any  payment  shall  be  made  such  workman  shall  be  examined 
by  the  physician  of  the  associated  factories  and  if  such  examination  is 
refused  no  payment  whatever  shall  be  made.  The  workman  consents  by 
making  the  petition  for  payment  hereunder  that  no  disqualification  or 
privilege  shall  prevent  any  physician  who  has  treated  or  examined  him 
relating  or  testifying  to  the  facts  discovered  during  such  treatment  or 
examination. 

When  such  certificate  shall  have  been  presented  to  the  associated  fac- 
tories and  its  physician  shall  have  examined  the  workman  as  above  pro- 
vided and  recommended  payment,  and  the  secretary  shall  in  writing 


WORKMEN'S    COMPENSATION    COMMISSION.  140 

approve  such  recommendation  the  associated  factories  may  make  the 
payments  hereinafter  set  forth. 

The  executive  committee  may,  however,  at  any  time  order  the  discon- 
tinuance of  the  payments,  and  the  recommendation  of  the  physician, 
the  approval  of  the  secretary,  or  the  making  of  payments  thereunder  do 
not  create  any  legal  liability  on  the  part  of  the  associated  factories  to 
make  any  payments  whatever,  or  any  right  on  the  part  of  any  workman 
or  dependent  to  enforce  any  such  payment. 

Payments. — For  death  from  causes  covered  by  certificate  of  Flint 
Vehicle  Factories  Mutual  Benefit  Association: 

To  persons  dependent  to  be  divided  among  them  the  sum  of  fS.OO  per 
week  for  104  weeks,  payable  weekly. 

For  total  sickness  or  accident  disability  from  causes  covered  by  Flint 
Vehicle  Factories  Mutual  Benefit  Association : 

To  the  workman,  the  sum  of  $8.00  per  week  for  the  period  of  such  total 
disability,  but  not  more  than  104  weeks.  The  question  of  total  disability 
to  be  determined  solely  by  the  associated  factories. 

For  partial  sickness  or  accident  disability: 

Such  payment  may  be  made  as  the  executive  committee  in  its  discre- 
tion shall  determine. 

During  the  period  of  any  payments  so  made  the  workman,  if  requested, 
shall  furnish  a  certificate  of  his  attending  physician  as  to  his  condition 
and  illness  on  blanks  prescribed  by  the  associated  factories,  and  shall 
submit  to  an  examination  at  any  time  as  required  by  the  physician  of 
the  associated  factories. 

If  at  any  time  the  physician  reports  that  the  period  of  disability  of 
any  workman  has  ended,  or  that  the  dependency  of  any  person  has 
ceased,  the  secretary  shall  discontinue  the  payments  to  such  workman 
or  dependent  and  so  notify  such  workman  or  person. 


INDEX. 


Page. 

Introduction    5 

Present  System  of  Employers'  Liability 5 

Doctrine  of  Assumed  Risk 6 

Fellow   Servant  Doctrine 6 

Contributory    Negligence 7 

Rule  of  Damages 8 

The  Investigation   8 

Number  of  Accidents 8 

Agricultural    Accidents    12 

Responsibility  for  Accidents 12 

Present  Compensation    13 

Recovery  of  Damages  in  Court 16 

Effect  of  Present  System  on  Employers 24 

Effect  of  Present  System  on  Public 25 

General  Conclusions   31 

Remedies — 

Modification    of   Present    Law 31 

Workmen's    Compensation    x 32 

Supplemental  Conclusions   34 

The  Proposed  Law 34 

THE  BILL. 

Modification  of  Remedies 40 

Compensation    , 42 

Procedure 47 

Methods  of  Payment 51 

Employers'    Insurance  Associations 52 

Administration  by  Commissioner  of  Insurance 56 

Accident  Fund    56 

Miscellaneous   Provisions 59 

APPENDICES. 

Meetings  of  the  Commission 65 

Cost  of  Accidents 72 

Railways 75 

Iron  and  Copper  Mines 77 

Manufacturing    80 

Agricultural     93 

Financial  Statement    120 

Record   of  Forms   Mailed 122 

Schedule   of   Forms 123 

Employers'   on   Particular  Accident 123 

Investigators'    123 

Employes' 124 

Employers'   General  Report 125 

Agricultural    126 

Litigation    126 

Inquiry  Forms    127 

Members  of  Bar 130 


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